Iroquois Gas Corp. v. International Railway Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSears, P. J.
In imposing responsibility for fault at common law, there is a general principle expressed in the well-known maxim, “ in pari delicto potior est conditio defendentis.” The rule of contributory negligence defeating a cause of action falls within this principle as well as the rule that contribution is not enforcible between joint tort feasors. The maxim by its very terms applies only to a condition of like, or equal fault (in pari delicto). Parties are held to be in pari delicto without regard to the quantity of fault. We do not at the common law weigh the quantity of fault between tort…
2Cases cited11 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Fulton County Gas & Electric Co. v. Hudson River Telephone Co.New York Court of Appeals · 1911
- Ward v. Iroquois Gas Corp.New York Court of Appeals · 1932
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3Cited by10 opinions
- Kinsey v. William Spencer & Son Corp.New York Supreme Court · 1937
- Mills v. City of New YorkNew York Supreme Court · 1947
- Smith v. 167th Street & Walton Ave. Corp.Appellate Division of the Supreme Court of the State of New York · 1942
- Oliver v. McPhersonNew York Supreme Court · 1960
- Pally v. F. W. Woolworth & Co.City of New York Municipal Court · 1949
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