Atlantic Coast Line Railroad v. Whetstone

The opinion in this case, although recognizing that there are exceptions to the rule denying indemnity as between joint tort-feasors, throws plaintiff’s claim out of court without a trial. Being convinced that the allegations of the complaint will support the proof of facts constituting a cause of action for indemnity, under exceptions to the general rule which are logical, just and fully supported by authority, I respectfully dissent.

Merryweather v. Nixan, 1799, 8 Tr. 186, 101 Eng. Reprint 1337, is credited wtih having established the rule against contribution between joint tort-feasors.…