joint tortfeasors, (2) several tortfeasors causing the same damage or (3) several tortfeasors causing different damage. If one of a number of joint tortfeasors ... choose any particular tortfeasor, out of several tortfeasors, despite the fact that the Tribunal does not hold them jointly and severally liable
which are held to
be guilty of composite negligence or are joint tortfeasors, and
if the same arose out of the use of the Motor ... which are held to
be guilty of composite negligence or are joint tortfeasors,
and if arising out of use of the motor vehicle. We hold
just possible that the said tortfeasor may not be the sole tortfeasor but there may be other joint tortfesor involved in the very same accident ... addition to the motor vehicle driver who was a tortfeasor, another joint tortfeasor being some other person who might not have used any motor vehicle
thus:
"The liability of joint tort feasors is
joint and several, each may be sued alone, or
jointly with some or all the others ... truly be described
solely as joint tortfeasors. They are always
several tortfeasors as well. In any joint
tort, the party injured has his choice
accident, the liability of the owners was joint and several as they are joint tortfeasors and it was purely at the choice or discretion ... tortfeasors and several tortfeasors is stated thus :
"At common law, tortfeasors liable in respect of the same damage were divided into 'joint
merit in that contention. In torts the liability of the joint tortfeasors is joint and several. In other words, the liability of the owner ... paid the amount is entitled to contribution from the other joint tortfeasor. That does not prevent or disentitle a claimant from suing
Where the liability is joint and several, the person aggrieved has the choice of suing either of the joint tortfeasors or both of them ... they may either be joint tortfeasors or independent tortfeasors. A case of vicarious liability is a case of joint tortfeasors. On the question
borne jointly and severally by the owners of the truck and bus. It is settled law that in case of joint tortfeasors the liability ... breach of duty imposed jointly on two or more persons e.g. two occupiers are joint tortfeasors if they are sued by a visitor
shown the distinction between joint tortfeasors and several tortfeasors. Under common law tortfeasors were broadly classified into 'joint' tortfeasors and 'several ... breach of a duty imposed jointly on two or more persons, e.g., two occupiers are joint tortfeasors if they are sued by a visitor
plaintiff to defendant 1 and that as he was a joint tortfeasor with defendant 1 he is not entitled to get either the costs ... plaint account correct?
7. Are plaintiff and defendant 1 joint tortfeasors as alleged by defendants; and if so, is not this suit maintainable