Yellow Cab Co. Of D.C., Inc. v. Dreslin U.S. Ct. Of App.,

86 U.S. App.D.C. 327 (D.C. Cir. l950)

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Nature of the Case

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Facts

Mrs. Dreslin (P) was injured by the negligence of her husband (D1) and the Yellow Cab Co. (D2). P sued D2 and D2 cross-claimed against D1 for contribution. P's husband sued for loss of consortium and damages to his automobile. The jury's verdict established the collision to have been caused by concurrent negligent operation of the two cars. The court also disallowed contribution against D1 on the judgments of P. The Court held, 'the right to contribution arises from a joint liability,' and as D1 was not liable in tort to his wife, there was no joint liability between him and D2 as to her. D2 appealed.