Williams v. LeBar

Citations

• 141 Pa. 149
• 21 A. 525
• 1891 Pa. LEXIS 1055

Syllabus

<p>(a) In trespass against physicians for negligence in giving a false certificate for the commission of the plaintiff to a hospital for the insane, under the act of April 20, 18G9, P. L. 78, the court below found, as facts, that although the plaintiff was not insane at the time, yet the defendants wei’e not guilty of negligence:</p> <p>1. In such case, the court properly ruled that, the certificate averring that an examination had been made as required by the act, the burden of proving negligence was upon the plaintiff, and that no presumption of negligence arose from the fact that the defendants were mistaken as to the plaintiff’s insanity.</p> <p>2. The release of one of two joint tort-feasors is a discharge of both; and this, notwithstanding the mutual intention of the plaintiff and of the defendant released was that such release should not affect the suit of the plaintiff pending against the other defendant: Per Schuyler, P. J.</p>