Cap. 16 Art. 1050Where part of damage caused by each of several persons cannot be ascertained. Cap. 12.

(1) Where the part of the damage which each has caused cannot be ascertained, the injured party may claim that the whole damage be made good by any one of the persons concerned, even though all or some of them have acted without malice, saving the right of the defendant to seek relief from the other or the others.

(2) In such case, it shall be lawful for the defendant to demand that all the persons causing the damage be joined in the proceedings in the manner and for the purposes referred to in article 962 of the Code of Organization and Civil Procedure, and the court may apportion among them the sum fixed by way of damages, in equal or unequal shares, according to circumstances; saving always the right of the injured party to claim the whole sum from any one of the persons concerned who in regard to him shall be all condemned jointly and severally.