Yellow Cab v. Dreslin case brief summary
F: Jury established collision to have been caused by concurrent negligent of two cars. TC held that as Dreslin was not liable in tort to his wife, there was no joint liability btw Dreslin and Cab co as to Dreslin’s wife.
Taxi cab driven by its agent and vehicle driven by Dreslin collided. Dreslin’s wife and others in Dreslin’s car were injured. They sued the Taxi cab for damages.
R: In case of contribution between tortfeasors, when the wife of the tortfeasor is the one against whom contribution is sought, neither husband nor wife is liable for tortuous act by one against the other.
C: affirmed
Co: if D is immuned from P, his co-D cannot sue D for contribution.
F: Jury established collision to have been caused by concurrent negligent of two cars. TC held that as Dreslin was not liable in tort to his wife, there was no joint liability btw Dreslin and Cab co as to Dreslin’s wife.
Taxi cab driven by its agent and vehicle driven by Dreslin collided. Dreslin’s wife and others in Dreslin’s car were injured. They sued the Taxi cab for damages.
R: In case of contribution between tortfeasors, when the wife of the tortfeasor is the one against whom contribution is sought, neither husband nor wife is liable for tortuous act by one against the other.
C: affirmed
Co: if D is immuned from P, his co-D cannot sue D for contribution.
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