# Royal Indemnity Co. v. Aetna Casualty & Surety Co.

> Nebraska Supreme Court · May 15, 1975 · 193 Neb. 752

URL: https://www.frixlaw.com/law-library/cases/9852368

## Case

- **Full name:** Royal Indemnity Company, a Corporation, Appellant, v. Aetna Casualty and Surety Company, a Corporation, Et Al., Appellees
- **Court:** Nebraska Supreme Court
- **Decided:** May 15, 1975
- **Citations:** 193 Neb. 752; 229 N.W.2d 183; 1975 Neb. LEXIS 1057
- **Precedential status:** Published
- **Opinion:** Dissent by Spencer
- **Judges:** White, Spencer, Boslaugh, McCown, Newton, Clinton, Brodkey
- **Cited by:** 44 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Disagreed with in part by Markvicka v. Brodhead-Garrett Co., 76 F.R.D. 205 (1977).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9852368

## How later opinions describe it (automated extraction)

- applying equitable subrogation to insurers sharing a common duty

## Opinion text

Spencer, J.,
dissenting.
I respectfully suggest that the majority opinion ignores the rule of stare decisis and invades the legislative arena.
Whatever doubt there may have been as to the scope of the rule in this state regarding the right of contribution among negligent joint tort-feasors, the matter was resolved and laid to rest by this court in the case of Tober v. Hampton (1965), 178 Neb. 858 , 136 N. W. 2d 194 , and in the subsequent case of Farmers Elevator Mut. Ins. Co. v. American Mut. Liability Ins. Co. (1969), 185 Neb. 4 , 173 N. W. 2d 378 . Those cases recognized and stated the rule in Nebraska to be that there is no contribution between negligent joint tort-feasors.
Approximately 20 years ago an attempt was made to change this rule legislatively. The effort failed. So far as I have been able to determine, the rule has been changed in 28 jurisdictions. In 23 of them it was done *768 legislatively, and only in 5 was it done by judicial decision. It occurs to me that those of us who denounce the attempts by the legislative branch of government to encroach into the executive and the judicial areas should exercise restraint by practicing what we preach. This was a proper area for legislative consideration. I refuse to join my colleagues in encroaching into the legislative arena.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9852368. Public record. Not legal advice.