Depner v. Thompson

The first contention of the defendants is that they were not jointly liable for the damages for which recovery was had and that separate inquiry should have been made as to the liability of each of the defendants. As the trial court said, the pleadings in this case charge that Thompson and Tait jointly assaulted the plaintiff. The defendants do not answer separately but interpose one answer that contained a denial of any malicious or wrongful assault, and allege that the plaintiff was in such an intoxicated condition that the defendants cared for him and did not assault him with any idea of…