Minnich v. Lancaster & Lititz Electric Railway Co.

Citations

• 203 Pa. 632
• 53 A. 501
• 1902 Pa. LEXIS 773

Syllabus

<p>Negligence — Joint tortfeasors — Actions—Parties—Practice, O. P.</p> <p>Where in an action of trespass a joint tort is alleged, it must be proved, and if the proof is only of a tort by one defendant or of two separate torts by different defendants, the action cannot be sustained against any of them. In such cases the plaintiff mat’ amend his declaration and proceed against the party liable under the proofs adduced subject to the defendant’s right to a continuance. ^</p> <p>In an action against two street railway companies and a railway construction company by an owner of land abutting on a public highway to recover damages for the construction of a street railway on the highway without his consent, for injuries to his crops and fences, and for injuries resulting from the reckless manner of operating the cars, where it appears that one of the street railway companies had leased its franchises and properties to the other, and was not responsible for any of the torts alleged; that the other street railway company alone was responsible for the negligent operation of the road, and that the construction company alone was responsible for the destruction of crops and fences, and that both the construction company and the other street railway company were liable for the unlawful construction of the railroad without plaintiff’s consent, it is error to enter a nonsuit. In such a case a nonsuit may be entered as to the defendant not connected with the joint tort, or a peremptory direction given to the jury, and the case submitted as to the other two.</p>