Freeman v. Wilson

CLAY, Commissioner.

This controversy is here on a motion for appeal, but because of the importance of the question raised we are writing this opinion to state our reasons for overruling the motion. To simplify the statement of the problem we will designate the parties as A, B and C. They were involved in a three-way motor vehicle collision. A sued B for damages (B counterclaiming) and a judgment was entered in A’s favor upon a jury verdict. Thereafter C sued both A and B, alleging joint negligence. A jury returned a verdict for C, dividing the damages between A and B.

In the second suit A filed…