O'Malley v. Philadelphia Rapid Transit Co.

Citations

• 248 Pa. 292
• 93 A. 1014
• 1915 Pa. LEXIS 562

Syllabus

<p>Negligence — Concurrent negligence — Joint liability — Points for charge — Refusal.</p> <p>1. Where an injury results from the concurrent negligence of several persons, they are liable jointly and severally.</p> <p>2. Where a trolley car moving at an excessive speed collided with a wagon which was being negligently driven across the tracks, causing the wagon to skid and strike a pedestrian standing on the curb, the street railway company and the owner of the wagon were properly made codefendants in an action by the pedestrian to recover damages for injuries sustained.</p> <p>3. In such case the refusal of a point submitted by the owners of the wagon, that if the jury found there was no negligence on the part of the driver of the wagon, a verdict should be found in their favor, did such defendant no harm where the trial judge charged the jury that plaintiff could not recover unless he had shown that both defendants had been negligent.</p>