De Carvalho v. Brunner
Court of Appeals of New York
119 N.E. 563 (1918)
Relevant factsFree
Trucks owned by Brunner and Johnston (defendants) raced side-by-side down a narrow New York street, with witnesses confirming both were speeding, and Brunner's truck struck and killed a pedestrian; the trial court entered a jury verdict against both defendants, but the appellate court reversed as to Johnston, finding his truck wasn't a cause of death since it never made contact with the victim. Carvalho's estate (plaintiff) appealed.
IssueFree
Whether, if two or more parties are unlawfully or negligently acting in concert, they can be held jointly and severally liable for the resulting harm, even if one party does not physically cause the harm.