Smith Bros. & Co. v. New Orleans & N. E. R.

Citations

• 109 La. 782
• 33 So. 769
• 1903 La. LEXIS 440

Syllabus

<p>RES JUDICATA — SEVERAL DEFENDANTS — LIABILITIES INTER SE.</p> <p>1. Where, in an action against four railroad companies for violation of a contract of carriage, plaintiff has obtained a judgment in solido against the four defendants, this judgment, though res judicata between plaintiff and the defendants, does not conclude the latter as to matters between themselves, where they have severed in their defense and their prayer is purely defensive, asking that plaintiff’s demand be rejected. If three of the defendants, having paid the judgment, seek contribution from the fourth, the latter has the right to a judgment in its favor, on showing- that the violation of the contract was due entirely to their fault.</p> <p>2. Where a judgment has been rendered against four defendants in solido, who are equally at fault, they are liable inter se according to their interest in the subject-matter of the contract. Civ. Code, art. 2Í06.</p> <p>Breaux, J., dissenting.</p> <p>(Syllabus by the Court.)</p>