Trognitz v. Fry

BOULDIÑ, J.

Count 1 is in Code form for trespass, with the added averment that one joint defendant was acting by and through the other. Code 1923, § 9531, Form 28. This Code form uses the general phrase “for a trespass” as definitive of the class of legal torts known as trespass. The form may be used in the plural, as well as the singular, joining all the parties participating in the trespass in such manner as to render him liable in that form of action.

Without question one may commit a trespass through another as his active agent ■or joint participant, although the one may not be present at…