Diehl v. Fidelity-Philadelphia Trust Co.

Opinion by

Dithrich, J.,

The controlling question raised on this appeal is whether the discharge of a rule for indemnity taken by one of two joint tortfeasors is res judicata of a rule for contribution between the same parties. The court below held that it was not and made the rule absolute. The order will be affirmed.

Plaintiff in this action in trespass recovered a verdict against both defendants for personal injuries sus tained as a result of a fall on the sidewalk of a building owned by Fidelity-Philadelphia Trust Co., hereinafter called Fidelity. Steam from an exhaust head on a building…