Fidelity Cas. Co. of N.Y. v. Chapman

This is a suit to compel contribution between joint tort-feasors whose negligence is alleged to have caused damage to the person and property of a third person. A demurrer to the complaint was sustained and, upon refusal of the plaintiff further to plead, the suit was dismissed. Hence this appeal.

The complaint discloses the following facts material to the legal question before us for consideration: S. W. Barrett, owner and operator of a logging automobile truck and trailer, commenced separate actions against the Korn Baldng Company, a copartnership, to recover damages resulting from the…