Gordon v. Lee

The question of leading interest is whether plaintiffj in his single action against two defendants for malpractice as surgeons, has declared them liable jointly for damages arising from the concurrence of actionable wrongs. The judge below holding that, as laid, neither tort, negligence nor liability were the same, and that in actions in form ex delictn there could not be different verdicts for different sums against different defendants upon the same trial, granted motions to dismiss the suit; plaintiff excepted.

The declaration contained six counts for maltreatment of plaintiff’s crushed…