KNELL V. FELTMAN
U.S. Ct. of App., D.C., 174 F.2d 662 (1949)
NATURE OF THE CASE: This was an action to recover for damages and for contribution.
FACTS: Langland (P) and her husband were guest passengers in an automobile owned and
operated by Knell. The car in which they were riding collided with a taxicab owned by
Feltman (D) and operated by his employee, as a result of which (P) was seriously injured. P
sued D to recover damages. After answering, D filed a third-party complaint against Knell
(D1), asserting the collision was caused by the contributing or sole negligence of D1. D
denied he was negligent, and alleged P's injuries were caused only by D's negligence; he
also counterclaimed against D to recover damages for his own personal injuries. P did not
assert a claim against D1. The jury found both D and D1 to be negligent to P and awarded
$11,500 against D and $5,750 for D against D1 for contribution. D1 appealed. D1 contends
there can be no contribution between concurrent tort-feasors unless the plaintiff previously
has obtained a judgment against both, and unless both were 'vicariously' negligent, i.e.,
liable under the doctrine of respondeat superior.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment