230 Pa. 631 | Pa. | 1911
Opinion by
If it be a fact appearing in the case that the present action was brought against defendants for a joint trespass with another, and that that other having made compensation for the injury had been released from liability, then the case was rightly ruled in the court below, and the judgment non obstante must be sustained; for it is a settled rule that whenever satisfaction has been received from one of several joint tort feasors all are thereby discharged. The contention of the appellee here is that this rule, which is admitted, applies only as between established joint tort feasors, so that when one is separately sued for the trespass alleged — in the present case it was negligence resulting in the death of plaintiff’s husband — he can avail himself of the rule only as he shows that the party who was released was in fact a joint trespasser with himself. For the sake of the argument we may concede that this is so. The position taken is not without authorities supporting it, though authorities to the contrary are even more numerous. The case in hand calls for no opinion as to which rest on the better reason, for if any such burden rested on these defendants it was met and discharged. There appears on the record of this case the following admission by the plaintiff’s counsel: “I will admit that the plaintiff, in this case, in addition to the present suit, brought a suit against Shoemaker & Company, and that Mr. Wylie representing Shoemaker & Company, in that case, paid her $500 for an order to discontinue, settle, and end the suit of Matilda Peterson v. Lewis G. Shoemaker
Judgment affirmed.