Taylor v. J. A. Jones Construction Co.

The defendant, Jones Construction Company, in apt time tendered the following issue: “Was the negligence of the defendant, J. W. Markham, primary, and that of J. A. Jones Construction Company, secondary?”

The trial judge refused to submit this issue, and such refusal constitutes the main exception in the case. The question of law presented, therefore, is when does the principle of primary and secondary liability] apply in actions for personal injury?

The general rule is that there can be no indemnity or contribution between joint tort-feasors. It is also familiar learning that there are certain…