Indianapolis & St. Louis Railroad v. Hackethal

Citations

• 72 Ill. 612

Syllabus

<p>1. AlleqatioNs and proof—as to joint liability of several in an action for tort. In actions for tort, where a joint liability is averred in the declaration against several defendants, it is not necessary to a recovery that the proof should show such joint liability. It may fail to establish any of the averments as against a portion of the defendants, yet, if the averments are proved as against the other defendants, or any of them, a recovery can be had against such as are shown to be guilty.</p> <p>2. And this rule applies as well to a case where the tort is alleged to have been committed by the defendants through the means of an article of property which they jointly owned or were jointly using, as to a case where the tort is alleged generally to have been committed by the defendants.'</p>