Morton v. Union Traction Co.

Citations

• 20 Pa. Super. 325
• 1902 Pa. Super. LEXIS 232

Syllabus

<p>Practice, C. P. — Evidence—Judgment—Action—Indemnity— Contribution.</p> <p>Whenever a plaintiff introduces and makes the record of an action, and a recovery therein against himself, the foundation of his suit or basis of his claim in an action brought by him afterwards against a third person, he is not at liberty to deny the principle upon which the action was decided. In order to ascertain what was passed upon by the jury, it is proper to examine the charge of the court filed of record in the case.</p> <p>Negligence — Indemnity—Contribution—Contract.</p> <p>Where an injury results from the neglect of a duty primarily resting upon a person from whom a recovery has been had, such person cannot claim contribution from one, who by the tort of the former has been involuntarily exposed to liability to third persons for acts of his servants, which, otherwise, he would not have been exposed to. In such a case the party against whom recovery has been had will be left by the law, where his wrongful act has placed him, unless he can show a contract which entitles him to indemnify or to contribution.</p> <p>Where the indemnity is against the consequences of negligence or carelessness on the part of the indemnitor, the indemnitee must, in order to recover, show that the damage for which he seeks to be indemnified was caused by some negligent act of the indemnitor, for which, as between the parties to the indemnity contract, the indemnitor was primarily responsible unless there be in the contract some provision rendering this unnecessary.</p> <p>A building contract between a contractor and a traction company provided as follows: “The contractor further agrees that he will indemnify and save harmless the traction company from all suits or actions of every name and description brought against the said traction company for or on account of any injuries or damages received or sustained by any person or persons by or from the said contractor, his assistants or agents, in the const