Plaintiff, vendee, sued defendant, vendor, upon an alleged fraudulent warranty that the cows, which were the subject matter of the sale, had been immunized against hemorrhagic septicaemia, or "shipping fever." While in transit, through the negligence of the railroad, the cows were injured. Their resistance to the disease was consequently lowered and they became infected, whereby plaintiff was damaged by consequent sterility, unmarketable milk, and abortions. Plaintiff accepted $1,500 from the railroad as "settlement in full for any liability you may be under." This settlement was pleaded as a bar to the action against the vendor. Held, that plaintiff's damages were indivisibly traceable to the acts of both the defendant and of the railroad; that though "independent" tortfeasors, their acts had "concurred" to bring about plaintiff's damage; and that, being jointly and severally liable, a release of one is a bar to an action against the other. Coldwell v. Lang, (Vermont 1933) 166 Atl. 10.

Included in

Torts Commons