Knell v. Feltman U.S. Ct. Of App., D.C.,

174 F.2d 662 (1949)

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Nature of the Case

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Facts

Langland (P) and her husband were guest passengers in an automobile owned and operated by Knell. The car in which they were riding collided with a taxicab owned by Feltman (D) and operated by his employee, as a result of which (P) was seriously injured. P sued D to recover damages. After answering, D filed a third-party complaint against Knell (D1), asserting the collision was caused by the contributing or sole negligence of D1. D denied he was negligent, and alleged P's injuries were caused only by D's negligence; he also counterclaimed against D to recover damages for his own personal injuries. P did not assert a claim against D1. The jury found both D and D1 to be negligent to P and awarded $11,500 against D and $5,750 for D against D1 for contribution. D1 appealed. D1 contends there can be no contribution between concurrent tortfeasors unless the plaintiff previously has obtained a judgment against both, and unless both were 'vicariously' negligent, i.e., liable under the doctrine of respondeat superior.