Rusch v. Korth

1. The judgment appealed from is undoubtedly based upon the trial court’s view, shared by the parties, that if Mrs. Korth was not herself causally negligent with respect to the accident, she could not have contribution with respect to the amount she paid to the plaintiff to settle his claim. It was no doubt because of this conception of the law, that the record presents the rather unusual spectacle of Korth urging the court to change the jury’s answers and find as a matter of law that she was negligent and hence a tort-feasor. While the evidence discloses substantial grounds for the…