53 Ga. App. 674 | Ga. Ct. App. | 1936
It is a well-established general rule that “where two or more persons or corporations, acting independently, without concert, plan, or other agreement, inflict a damage or cause an injury to another person, the persons inflicting the damage are not jointly liable therefor, but each is liable for his proportion only of the damages, and in such case a joint action against them can not be maintained.” But it is also true that even though voluntary, intentional concert is lacking, if the separate and independent acts of negligence of several persons combine naturally and directly to produce a single injury, they may be sued jointly, despite the fact that the injury might not have been sustained had only one of the acts of negligence occurred; and there can be a recovery against all or any one of the responsible parties. Searce v. Gainesville, 33 Ga. App. 411 (3) (126 S. E. 883), and cit., distinguishing Kelly v. Ga. Ry. & Power Co., 24 Ga. App. 439 (4) (101 S. E. 401). In such a ease, the fact that “the degree of care owed to the complainant by both parties defendant be not the same” will not operate to defeat a joint action. Gooch v. Ga. Marble Co., 151 Ga. 462 (107 S. E. 47). Accordingly, in a suit by a guest in an automobile, brought jointly
Judgment reversed.