Clinton v. Gunn-Willis Lumber Co.

The only special demurrers passed upon by the trial judge were those relating to a misjoinder of parties.

“It is a well-established general rule that, 'where two or more persons or corporations, acting independently, without concert, plan, or other agreement, inflict a damage or cause an injury to another person, the persons inflicting the damage are not jointly liable therefor, but each is liable for his proportion only of the damages; and in such a case a joint action against them can not be maintained.’ . . . But it is also true that, even though voluntary, intentional concert is lacking,…