Wieder v. Bethlehem Steel Co.

Citations

• 205 Pa. 186
• 54 A. 778
• 1903 Pa. LEXIS 545

Syllabus

<p>Negligence — Action against wrong party — Corporations—Lease.</p> <p>An action of tort can only be brought against the person who committed it. The fact that there is an agreement to indemnify against liability for the commission of torts does not change the legal requirement that suit must be brought against the wrongdoer.</p> <p>Prior to May 1, 1899, plaintiff was in the employ of an iron company. On May 17, he met with an accident which he alleged was due to the negligence of his employer. On June 24, the iron company executed a lease of all of its property to a steel company. This lease was dated May 26, 1899, and was acknowledged on June 26, 1899. On the latter date formal announcement was made that the steel company had taken the lease of the property of the iron company, and that the officers and employees of the iron company would be continued with the steel company. On June 30, the lease was recorded. The lease contained a provision that the transfer of the possession of property under it should be regarded as taking effect on May 1, 1899, and that all business transacted by the iron comp'any on or after that date should be for and on account of the steel company. Plaintiff testified that the newspaper of the vicinity announced that the change would be made on the fit’st of May, and also that he saw that the names on locomotives and on other places about the works had been changed about the first of May. Plaintiff sued the steel company and brought his action on August 14, 1900. Held, that a nonsuit was properly granted.</p>