Kilkenney v. Bockius

Citations

• 187 F. 382
• 1911 U.S. App. LEXIS 5403

Syllabus

<p>1. Pleading (§ 62*) — Joint Torts.</p> <p>Where plaintiff, a passenger in an automobile, was injured in a collision with another automobile, and alleged that defendants, the owners of both cars, their servants and agents, did not use due and proper care and skill, and then and there so carelessly ran, managed, and operated the automobiles that they collided, in consequence whereof, etc., such allegation stated a cause of action against defendants as joint tort-feasors.</p> <p>[Ed. Note. — For other cases, see Pleading, Cent. Dig. § 132; Dec. Dig. § 62.*]</p> <p>2. Pleading (§ 62*) — Joint and Several Liability.</p> <p>Where plaintiff, a passenger in a taxicab, was injured in a collision with another automobile, and defendants severally owned and severally operated the cars that came into collision, a count in the declaration that defendants, their servants and agents, did not use due care, but so carelessly managed and operated the automobiles that they came together, etc., did not state the case as it existed, under the rule that, if the collision resulted in consequence of the negligence of both drivers, the tort was one for which the defendants were jointly and severally liable.</p> <p>[Ed. Note. — For other cases, see Pleading, Dec. Dig. § 62.*]</p> <p>3. Parties (§ 27*) — Action (§ 38*) — Joint Tort — Joinder.</p> <p>Where defendants were charged with a joint tort in the separate operation of separately owned automobiles, there was no error in their joinder as parties defendant in an action for injuries, regardless of any rights plaintiff might have under Gen. Laws R. I. 1909, c. 283, § 20, providing that, when plaintiff is in doubt as to the person from whom he is entitled to recover, he may join two or more defendants, with the view of ascertaining which, if either, is liable, and may recover only against such of defendants as are liable, etc.</p> <p>[Ed. Note. — For other eases, see Parties. Gent. Dig. § 35; Dec. Dig. § 27 ;* Action, Cent. Dig. § 5-19; De