Marange v. Marshall

ON MOTION FOR REHEARING

I concur in affirmance of the judgment for the reasons stated in this opinion. In my view, some of the contentions of the parties merit additional consideration and discussion.

The question for decision is as follows: May appellants maintain a second action against the servant for the same injuries resulting from the same collision after they have successfully prosecuted the same cause of action against the master based upon re-spondeat superior and have recovered a final judgment in the former action, the full payment of which has been legally tendered to appellants but…