Malbon v. Phelps Dodge Refining Corp.

In this action to recover damages for the wrongful deatu of plaintiff’s intestate, defendant, as third-party plaintiff, made claim against said intestate’s employer, as third-party defendant. After trial, a verdict was returned in favor of plaintiff and against defendant, and, insofar as the third-party claim is concerned, a stipulation authorized the trial court to determine the issues, and the court rendered decision in favor of the third-party defendant. Defendant appeals from the ensuing judgment. Judgment modified on the law and the facts by striking the first ordering paragraph…