Ostrander v. Parker-Fallis Insulation Co.

We agree entirely with appellant’s proposition of law to the effect that, although an alleged master and servant may be joined in the same action by one injured by reason of a claimed wrong by the alleged servant, a joint judgment may not be rendered against both. Larson v. Cleveland Ry. Co. (1943), 142 Ohio St. 20.

However, the subsequent determination of appellant’s liability to be secondary by the trial court, pursuant to R. C. 2307.191,* adequately preserved its “right of indemnification from the party primarily liable, in case . . . [it] is obliged to respond in damages.” Larson v.…