Northern Ohio Ry. v. Akron Canal & Hydraulic Co.

Citations

• 18 Ohio C.C. Dec. 51
• 7 Ohio C.C. (n.s.) 69

Syllabus

<p>DAMAGES — NEGLIGENCE—TORTS.</p> <p>Marvin, Winch and Henry, JJ.</p> <p>1. Joint Tort Feasor Ordinarily cannot have Contribution.</p> <p>When two or more contribute by their wrongdoing to the injury of another, the injured party may recover from all of the tort feasors in a joint action, or he may pursue any one of them and recover from him, and in such case the latter is not ordinarily entitled to indemnity or contribution from those who with him caused the injury.</p> <p>2. Joint Tort Feasor can have Contribution when not in Pari Delicto, but Merely Chargeable with Other’s Wrongful Act.</p> <p>Although, in an action for damages, the law holds all parties liable as wrongdoers to the injured party, yet if a judgment has.been obtained against a joint tort feasor, but it appears that as a matter of fact' he was not in vari delicto with the others but was merely chargeable with their wrong by virtue of some relation existing between them, he will in turn be entitled to contribution from those causing the injury.</p> <p>3. Mill Race Owner Responding in Damages for , Overflow may Recover of Party Actually Causing Same, if without Fault Himself.</p> <p>A defendant who has been compelled to respond in damages in a suit for negligently permitting the water in a mill race to overflow another’s property, will have an action to recover the amount of such judgment from a railway company which has condemned certain land on the side of such mill race for its right of way and in building a bridge across the same, has so obstructed it as to cause the overflow, all of which was done, as a matter of fact, without fault on the part of the owner of the mill race.</p> <p>4. Charge Enunciating Ordinary Rule of Contributory Negligence is Erroneous. if Evidence Shows Plaintiff Relieved by Special Promises of Defendant.</p> <p>In an action for damages against a railway company for negligently obstructing plaintiff’s mill race, thus causing it to overflow, a charge to the jury in substance