164 S.E. 252 | W. Va. | 1932
French Massey, while living on a tract of 853 acres of land in Fayette county, owned jointly by Janet P. Dickinson, Margaret H. Osenton and the estate of James M. Payne, deceased, was electrocuted by coming in contact with an electrically charged wire fence thereon, resulting from a defective electric lighting system maintained for the purpose of furnishing electric light to numerous tenants on the premises. A few days before the tragedy, the property had been released to the owners by Boomer Coal Coke Company, a corporation, which had constructed a mining town thereon in operating the land for coal under a coal mining lease.
In an action of trespass on the case for his alleged wrongful death, the personal representative of Massey recovered judgment of $5,000.00 against W. D. Payne and Virginia A. *252
Payne, as executors and trustees under the will of James M. Payne, deceased, which was reversed upon writ of error to this court on the ground that a trust estate is, ordinarily, not liable for torts committed by the trustees who are free from the control of the beneficiary. Massey v. Payne,
The grounds of demurrer are (1) that the law will not enforce contribution among joint tort feasors, and (2) that payment by plaintiffs of the judgment against the agent, Drehert, was voluntary.
We cannot share the views of defendants upon either ground. "The general law provides that one joint tort-feasor may ordinarily require contribution from another, except in cases where the wrong is malum in se. Hutcherson v. Slate,
The ruling of the circuit court is reversed, and the cause remanded.
Reversed and remanded. *254