DISTEFANO v. LAMBORN

No. 271.

81 A.2d 675 (1951)

DISTEFANO et al. v. LAMBORN et al. (HUBER BAKING CO., third party defendant).

Superior Court of Delaware, New Castle.

June 7, 1951.


Attorney(s) appearing for the Case

William Poole, Thomas J. Healy, Jr., and John VanBrunt, Jr., all of Wilmington, for defendants, third party plaintiffs.

William Prickett, of Wilmington, for third party defendant.


LAYTON, Judge.

Third Party Plaintiffs concede the general principle that no right of contribution exists between joint tort-feasors, but argue that the Rule is subject to numerous exceptions, among which is that where the negligences charged are passive, in contra-distinction to deliberate or wilful, an action of contribution may be maintained by a joint tort-feasor who has paid all or more than his pro rata share of the judgment...

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