MARTIN v. UNITED STATES

Civ. A. No. 23471.

162 F.Supp. 441 (1958)

Rosebud H. MARTIN and E. L. Martin, v. UNITED STATES of America, Defendant and Third-Party Plaintiff (City of Philadelphia, Third-Party Defendant).

United States District Court E. D. Pennsylvania, E. D.

April 17, 1958.


Attorney(s) appearing for the Case

Rufus Scoville Watson, Philadelphia, Pa., for plaintiff.

John A. Erickson, Asst. U. S. Atty., Philadelphia, Pa., for defendant.


KIRKPATRICK, Chief Judge.

The right of contribution accorded by the Pennsylvania statute to one joint tortfeasor against the other creates a cause of action of a different nature from the tort action which is the subject of the original suit, and it would be at least possible to argue that, for that reason, the doctrine of immunity of a municipal corporation from liability for the negligence of its officers does not apply to a third-party action for contribution&...

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