Corey v. Havener

182 Mass. 250, 65 N.E. 69 (1902)

 

RULE:

If two or more wrongdoers contribute to an injury, they may be sued either jointly or severally.

FACTS:

Defendants filed a bill of exceptions alleging that the trial judge erred when he refused to give proper instructions. The bill of exceptions does not set forth the instructions given, thus, assumed appropriate and were correct. A question was raised as to the liability of two or more wrongdoers contributing to the injury.

ISSUE:

Can two or more tortfeasors contributing to an injury be sued either jointly or severally?.

ANSWER:

Yes.

CONCLUSION:

On appeal, the court overruled the defendants' exceptions. The court recognized that the accident victim was entitled to sue the defendants jointly or severally. The court noted that it was impossible to determine what portion of the accident victim's injuries was caused by each of the defendants. The court further held that the accident victim was entitled to a judgment against each of the defendants for the full amount of her claim and that satisfaction of one judgment was all that the victim was entitled to.

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