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NATIONAL INDEMNITY COMPANY v. LEAD SUPPLIES, INC.

No. 4-58 Civil 339.

195 F.Supp. 249 (1960)

NATIONAL INDEMNITY COMPANY, Plaintiff, v. LEAD SUPPLIES, INC., a Minnesota corporation, Melvin J. Ryan, individually, and d/b/a Harold Carter Co., Richie Scott Olson, Casualty Underwriters, Inc., and George V. Thomas, and Travelers Indemnity Co., a corporation, Defendants.

United States District Court D. Minnesota, Fourth Division.

August 26, 1960.

Attorney(s) appearing for the Case

Irvin E. Schermer, of Schermer, Gensler & Shields, Minneapolis, Minn., for plaintiff.

Joseph L. Bard, Minneapolis, Minn., appeared for Lead Supplies, Inc.

William L. Devitt, of Allen & Courtney, St. Paul, Minn., for Melvin J. Ryan.

Charles T. Hvass, of Hvass, Weisman & King, Minneapolis, Minn., for Richie Scott Olson.

Frank X. Cronan, of Carroll, Thorson, Anderson & Cronan, Minneapolis, Minn., for Casualty Underwriters, Inc.

Walter E. Riordan, H. S. Wippman, and Hagerty & Hanson, Minneapolis, Minn., appeared for George V. Thomas.

Thomas J. Spence and Benjamin M. Kail, St. Paul, Minn., appeared for Travelers Indemnity Company.

NORDBYE, District Judge.

Travelers argues that the so-called "primary tortfeasor" rule is applicable. Under that rule, the party whose active misconduct or other fault directly caused the accident and the resulting injuries should be held liable for the entire loss; thus one whose liability is merely passive and imposed solely by law is not obligated to contribute. See Waylander-Peterson Co. v. Great Northern Ry. Co., 8 Cir., 1953, 201 F.2d 408

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