American Insurance Company v. Foutz and Bursum

It is impossible for me to agree that plaintiffs suffered no serious injury on account of the peremptory challenges allowed. I concur in the opinion except as to peremptory challenges.

The opinion of the majority makes the following clear:

Defendants named Southern Union Gas Co. as third party defendant after having answered plaintiffs’ complaint:

Plaintiffs charged that defendants, Foutz and Bursum, a partnership, the individual members-of-which were joined as defendants, were negligent and proximately caused the injury suffered by plaintiffs:

Defendants in the third party complaint charged that…