For Your Data Landers V. Eastward Texas Tabular Array Salt H2o Disposal Fellowship Representative Brief
December 02, 2020
Edit
Landers v. East Texas Salt Water Disposal Company illustration summary (1952)
248 S.W.2d 731
Procedural History
• Plaintiff holding possessor appealed the dismissal of activity every bit to damages. After the accused crude as well as disposal companies’ plea inwards abatement asserting a misjoinder of parties as well as of causes of activity had been sustained, the holding possessor declined to replead as well as hence every bit to assert several liability exclusively against each accused inwards dissever suits. The Court of Civil Appeals for the Sixth District (Texas) affirmed.
Facts
• The holding owner’s activity seeking a articulation as well as several judgment of damages as well as injunctive relief was dismissed every bit to the damages characteristic yesteryear the lawsuit court, when, afterward the crude as well as disposal companies’ plea inwards abatement asserting a misjoinder of parties as well as of causes of activity had been sustained, he declined to replead as well as hence every bit to assert several liability exclusively against each of the defendants inwards dissever suits. The lower courtroom affirmed the lawsuit court.
Issue
• Where concurrent, independent torts gain an indivisible injury, volition the tortfeasors volition endure jointly as well as severally liable?
Rule
• Where concurrent, independent torts gain an indivisible injury, the tortfeasors volition endure jointly as well as severally liable.
Application
• Where the tortious acts of 2 or to a greater extent than wrongdoers bring together to gain an indivisible injury, that is, an injury which from its nature cannot endure apportioned alongside reasonable certainty to the private wrongdoers, all of the wrongdoers volition endure held jointly as well as severally liable for the entire damages as well as the injured political party may overstep along to judgment against whatsoever 1 separately or against all inwards 1 suit.
Holding
• The judgments of both lower courts were reversed as well as the crusade was remanded to the lawsuit courtroom for farther proceedings non inconsistent alongside the 2nd opinion. Because at that topographic point was no misjoinder every bit alleged, the holding possessor was inside his rights inwards declining to replead as well as inwards declining to overstep along through a futile as well as fruitless lawsuit inwards lodge to exam the correctness of a court’s ruling of misjoinder.
---
Interested inwards learning how to overstep the superlative grades inwards your police schoolhouse classes? Want to larn how to report smarter than your competition? Interested inwards transferring to a high ranked school?
248 S.W.2d 731
Procedural History
• Plaintiff holding possessor appealed the dismissal of activity every bit to damages. After the accused crude as well as disposal companies’ plea inwards abatement asserting a misjoinder of parties as well as of causes of activity had been sustained, the holding possessor declined to replead as well as hence every bit to assert several liability exclusively against each accused inwards dissever suits. The Court of Civil Appeals for the Sixth District (Texas) affirmed.
Facts
• The holding owner’s activity seeking a articulation as well as several judgment of damages as well as injunctive relief was dismissed every bit to the damages characteristic yesteryear the lawsuit court, when, afterward the crude as well as disposal companies’ plea inwards abatement asserting a misjoinder of parties as well as of causes of activity had been sustained, he declined to replead as well as hence every bit to assert several liability exclusively against each of the defendants inwards dissever suits. The lower courtroom affirmed the lawsuit court.
Issue
• Where concurrent, independent torts gain an indivisible injury, volition the tortfeasors volition endure jointly as well as severally liable?
Rule
• Where concurrent, independent torts gain an indivisible injury, the tortfeasors volition endure jointly as well as severally liable.
Application
• Where the tortious acts of 2 or to a greater extent than wrongdoers bring together to gain an indivisible injury, that is, an injury which from its nature cannot endure apportioned alongside reasonable certainty to the private wrongdoers, all of the wrongdoers volition endure held jointly as well as severally liable for the entire damages as well as the injured political party may overstep along to judgment against whatsoever 1 separately or against all inwards 1 suit.
Holding
• The judgments of both lower courts were reversed as well as the crusade was remanded to the lawsuit courtroom for farther proceedings non inconsistent alongside the 2nd opinion. Because at that topographic point was no misjoinder every bit alleged, the holding possessor was inside his rights inwards declining to replead as well as inwards declining to overstep along through a futile as well as fruitless lawsuit inwards lodge to exam the correctness of a court’s ruling of misjoinder.
---
Interested inwards learning how to overstep the superlative grades inwards your police schoolhouse classes? Want to larn how to report smarter than your competition? Interested inwards transferring to a high ranked school?