FEDERAL PROCEDURE--THIRD-PARTY PRACTICE--CONTBIBUTION AMONG JOINT OR CONCURRENT TORT-FEASORS

Harrison, Paul M.D.

Journal: Michigan Law Review

Volume: 48

First Page: 879

Year: 1950

Bluebook Citation: 48 MICH. L. REV. 879 (1950)

Author: Paul M. D. Harrison: all 5 publications


Abstract

A sued B for injuries arising out of a collision between B's taxicab and an automobile driven by C, in which A was riding as a guest passenger. B filed a third-party complaint against C, who denied B's allegation of negligence and counterclaimed against B for personal injuries. A did not amend his complaint to assert a claim against C. The jury found that A's injury was caused by the concurrent negligence of B and C. Judgment for $11,500 was given to A against B, and B was awarded a judgment against C for one-half of that amount. Held, affirmed.

The judgment in favor of B against C was proper under Rule 14 of the Federal Rules of Civil Procedure. Knell v. Feltman, (App. D.C. 1949) 174 F. (2d) 662.

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