Orth v. Consumers Gas Co.

Citations

• 280 Pa. 118
• 124 A. 296
• 1924 Pa. LEXIS 476

Syllabus

<p>Negligence — Damages—Recovery over from one 'primarily liable —Costs and expenses of suit — Notice of suit — Appeal—Objection not raised below.</p> <p>1. Where one has been compelled to pay damages for a default arising out of the wrongful act of another, and has incurred costs and expenses to protect his interests, such costs and expenses should be treated as legal consequences of the original wrongful act.</p> <p>2. If one entitled to indemnity intends to use as evidence, in a future action to enforce his right, the judgment which may be rendered against him in a pending suit for damages, and thus to prove his loss, he must give the person to whom he looks for recompense reasonably “definite, certain and direct” notice of the pending suit, so the latter may defend it, or join in the defense, should he see fit so to do.</p> <p>3. If notice of such kind is not given, then, in a subsequent proceeding to obtain indemnity, the plaintiff must establish his claims for damages without reference to the amount of the judgment in the prior action against him.</p> <p>4. If the defendant at the trial takes the position that, as no notice was given, plaintiff can recover nothing, and makes no objection that proofs of defendant’s wrongdoing had not been shown in a proper manner, it is too late after a judgment against him to make such objection on appeal.</p> <p>5. The same rule applies to a claim compromised and settled out of court by plaintiff, where plaintiff subsequently sues the wrongdoer for indemnity.</p> <p>Appeals — Assignments of error — General points.</p> <p>6. An assignment of error embracing several points is improper.</p>