Legal Opinion

Swartz v. Sunderland

Supreme Court of Pennsylvania

Decided March 23, 1961No. Appeal, 24PublishedCited by 43 opinions

1Opinion of the Court

Opinion by

Mb. Justice Eagen,

If one of the two joint tortfeasors settles with the injured third party and obtains a release of all claims against both without suit or judgment having been en tered, may contribution be enforced against the other wrongdoer? This is the narrow question for decision in this case.

The issue arises out of an automobile accident wherein the negligence of both the appellant and the appellee allegedly resulted in injury to the person and damage to the property of innocent third parties. The appellant settled with the aggrieved persons before the entry of suit and, in…

2Cases cited7 opinions

  1. Baltimore Transit Co. v. State Rx Rel. SchrieferCourt of Appeals of Maryland · 1944
  2. Goldman v. Mitchell-Fletcher Co.Supreme Court of Pennsylvania · 1928
  3. PULLER (Et Al.) v. PullerSupreme Court of Pennsylvania · 1955
  4. Brown v. DickeySupreme Court of Pennsylvania · 1959
  5. Parker v. RodgersSuperior Court of Pennsylvania · 1936

2 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Gould Electronics Inc., F/k/a Gould Inc. American Premier Underwriters, Inc. v. United States of America Gould Electronics Inc. American Premier Underwriters, Inc.Court of Appeals for the Third Circuit · 2000
  2. Svetz for Svetz v. Land Tool Co.Supreme Court of Pennsylvania · 1986
  3. Rocco v. Johns-Manville Corp.Court of Appeals for the Third Circuit · 1985
  4. Mong v. HershbergerSuperior Court of Pennsylvania · 1962
  5. W. D. Rubright Co. v. International Harvester Co.District Court, W.D. Pennsylvania · 1973

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