Wright's Clothing Store, Inc. v. Ellis Stone & Co.

Tbe question for decision here is: Has Ellis Stone pleaded itself beyond tbe permissive bounds of tbe rule which permits tbe adjustment in one action of primary and secondary liability between joint tort-feasors? We think not.

Our decisions adhere to tbe rule that where two parties are jointly liable in damages for negligence, one of them for tbe reason that be is “only passively negligent, but is exposed to liability through tbe positive acts and actual negligence of tbe other, tbe parties are not in equal fault as to each other, though both are equally liable to tbe injured person. . . . Tbe…