Distefano v. Lamborn

Layton, J.:

Third Party Plaintiffs concede the general principle that no right of contribution exists between joint tort-feasors, but argue that the Rule is subject to numerous exceptions, among which is that where the negligences charged are passive, in contra-distinction to deliberate or willful, an action of contribution may be maintained by a joint tort-feasor who has paid all or more than his pro rata share of the judgment. This exception to the general rule, they contend, is applicable here.

Any discussion of the subject necessarily leads back to the case of Merryweather v. Nixon, 101…