Legal Opinion

Bailey v. Bussing

Supreme Court of Connecticut

Decided October 15, 1859PublishedCited by 49 opinions

Assumpsit. The plaintiffs sued as executors of one Aaron Turner. In 1852, a judgment was recovered against Turner, the defendant Bussing, and one Whitlock, for an injury to a pei’son traveling on the highway, caused by the negligent management of a public stage in the running of which the defendants were alleged to . be jointly interested. [ *456 ] *The defendant Bussing was the driver of the stage, and the injury was caused by his negligence.

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Assumpsit. The plaintiffs sued as executors of one Aaron Turner. In 1852, a judgment was recovered against Turner, the defendant Bussing, and one Whitlock, for an injury to a pei’son traveling on the highway, caused by the negligent management of a public stage in the running of which the defendants were alleged to . be jointly interested. [ *456 ] *The defendant Bussing was the driver of the stage, and the injury was caused by his negligence. Turner paid the amount of the judgment, and the present suit was brought by his executors to recover one-third of the amount so paid from Bussing. On…

1Opinion of the CourtEllsworth, J.

This is an action of assumpsit, to compel a contribution for money paid on a judgment against three defendants, Whitlock, Aaron Turner, the plaintiffs’ testator, and Bus-sing the present defendant. That there was a judgment rendered by the superior court for Fairfield county at its February term in 1852, against Whitlock, Turner and Bussing, and that Turner was compelled to pay, and did pay, on the execution, the whole amount of the judgment, or suchca sum as was received in satisfaction of the judgment, is admitted or not denied. This evidence, it is said, would in law prima facie entitle…

2Cases cited1 opinion

  1. Skillin v. MerrillMassachusetts Supreme Judicial Court · 1819

3Cited by49 opinions

  1. Kaplan v. Merberg Wrecking CorporationSupreme Court of Connecticut · 1965
  2. Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
  3. Best v. YerkesSupreme Court of Iowa · 1956
  4. Keitz v. National Paving & Contracting Co.Court of Appeals of Maryland · 1957
  5. Goldman v. Mitchell-Fletcher Co.Supreme Court of Pennsylvania · 1928

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