[Download] "Central Surety & Ins. Corp. v. Mississippi Export R. Co." by Fifth Circuit Circuit Court Of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Central Surety & Ins. Corp. v. Mississippi Export R. Co.
• Author : Fifth Circuit Circuit Court Of Appeals
• Release Date : January 30, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Mrs. Rosa Lee Pope was injured while a passenger on the bus of Teche Lines, Inc., by the bus running into a locomotive of Mississippi Export Railroad Company which had stopped across the highway in the night during a rainstorm. She sued both Teche Lines and the railroad company, alleging negligence in each which concurred to injure her. The two defendants did not join in defending, but each alleged the other to be solely to blame, setting forth fully the others negligence and its own freedom from fault. On the trial the court first directed a verdict and entered a judgment in favor of the railroad company, and the next day the jury found a verdict against Teche Lines for $15,000, on which judgment was entered. Central Surety & Insurance Corporation had insured Teche Lines against liability and defended the case for its insured and paid the judgment. Claiming that Teche Lines was entitled to indemnity from the railway company because the action of the latter in unnecessarily blocking the crossing in darkness and storm without lights or watchmen to warn travelers on the highway was the original, proximate, and sole cause of the loss, and that as insurer, it was subrogated to the rights of Teche Lines, the insurance corporation brought the present suit against the railroad company. To it the railroad company specially pleaded, among other things, the proceedings in the suit of Mrs. Pope, exhibiting the full record and asserting that the issues were thereby adjudged in its favor, and that it was also adjudged that Teche Lines, Inc., was guilty of negligence which caused or contributed to Mrs. Popes injuries, and that the present suit is one to enforce contribution between joint tortfeasors and not maintainable. To this plea of former adjudication the insurance corporation made replication which did not deny the exhibited record but denied only that it adjudicated this case, and reiterated that the negligence of the railroad company was the sole and proximate cause of Mrs. Popes injuries, and that the present suit was not for contribution but for recovery for the injuries done Teche Lines by the negligence of the railroad company. On demurrer this replication was held bad, and the insurance corporation declining to plead further judgment went against it on the unanswered plea of former adjudication. The sustaining of the demurrer and the consequent dismissal of the suit is the error assigned on this appeal.

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