Royal Indemnity Co. v. Aetna Casualty & Surety Co.

I respectfully suggest that the majority opinion ignores the rule of stare decisis and invades the legislative arena.

Whatever doubt there may have been as to the scope of the rule in this state regarding the right of contribution among negligent joint tort-feasors, the matter was resolved and laid to rest by this court in the case of Tober v. Hampton (1965), 178 Neb. 858, 136 N. W. 2d 194, and in the subsequent case of Farmers Elevator Mut. Ins. Co. v. American Mut. Liability Ins. Co. (1969), 185 Neb. 4, 173 N. W. 2d 378. Those cases recognized and stated the rule in Nebraska to be that there…