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· 3/20/1911

Peterson v. Wiggins

Citations

  • 230 Pa. 631
  • 79 A. 767
  • 1911 Pa. LEXIS 661

Syllabus

<p>Negligence — Joint tortfeasors — Satisfaction of claim — Discharge.</p> <p>1. Whenever a satisfaction has been received from one of several joint tort feasors, all are thereby discharged.</p> <p>2. Where a woman brings an action in trespass against a subcontractor for the death of her husband, and settles and discontinues the suit for a money consideration, and subsequently she brings another action of trespass against the principal contractor for the death of her husband, setting forth exactly the same cause of action, the record of the first suit offered in evidence at the trial in the second suit will be a complete bar to recovery in the second suit in the absence of any evidence offered by the plaintiff to show that the defendant’s negligence alone occasioned the injury.</p>

Judges: Brown, Elkin, Mestrezat, Moschzisker, Pell, Potter, Stewabt, Stewart

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