a third party tort-feasor has a right of contribution from a negligent employer but only to the extent of its obligation under the workmen’s compensation statute
How later courts described this case
- a third party tort-feasor has a right of contribution from a negligent employer but only to the extent of its obligation under the workmen’s compensation statute
- “The right to contribution is an equitable right based on common liability to the plaintiff.”
Written by the judges who cited it.
The opinion
Concurring Opinion by
Mr. Justice Benjamin E. Jones:
"While I believe that in the present posture of the law the result reached by the majority of this Court is correct, yet I strongly believe that the result is inequitable and unfair. The jury found Brown and Dickey equally liable to the injured person: under the result reached Brown must pay in discharge of this equal liability more than 90% of the amount of the verdict, a most shocking situation. To correct such a situation appropriate legislation is required.
Mr. Justice Bell joins in this opinion.