Seither v. Philad. Traction Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 121 January Term 1889, Sup. Ct.; court below, No. 972 March Term 1*887, C. P. No. 1. On April 25, 1887, Frederick W. Seitber brought trespass against the Philadelphia Traction Company, the narr declaring for personal injuries received through the alleged negligence of tlie defendant company. On November 4,1887, the defendant pleaded, not guilty.
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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 121 January Term 1889, Sup. Ct.; court below, No. 972 March Term 1*887, C. P. No. 1. On April 25, 1887, Frederick W. Seitber brought trespass against the Philadelphia Traction Company, the narr declaring for personal injuries received through the alleged negligence of tlie defendant company. On November 4,1887, the defendant pleaded, not guilty. At the trial on October 3, 1888, the facts appearing were as follows, to wit: On February 23, 1887, Frederick W. Seither, the plaintiff, took passage in one of the borse cars of the…
1Opinion of the Court
Pee Curiam:
The rule is well settled that while separate suits may be brought against several defendants for a joint trespass, and there may be a recovery against each, yet the plaintiff can have but one satisfaction: Livingston v. Bishop, 1 Johns. 290. And whenever .the plaintiff has actually received satisfaction for the injury he has sustained, the cause of action is discharged : Fox v. The Northern Liberties, 3 W. & S. 103; Addison on Torts, § 1353.
The plaintiff, while riding as a passenger in a car of the Peoples Passenger Railway Company, was injured by a collision of said car with a car…
2Cases cited3 opinions
- Tompkins v. Clay St. R.R.California Supreme Court · 1884
- Livingston v. BishopNew York Supreme Court · 1806
- Fox v. Northern LibertiesSupreme Court of Pennsylvania · 1841
3Cited by46 opinions
- Hilbert v. RothSupreme Court of Pennsylvania · 1959
- Dwy v. Connecticut Co.Supreme Court of Connecticut · 1915
- Thompson v. FoxSupreme Court of Pennsylvania · 1937
- Goldman v. Mitchell-Fletcher Co.Supreme Court of Pennsylvania · 1928
- Smith v. FennerSupreme Court of Pennsylvania · 1960
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