(Download) "Harry F. Schneider v. Southwestern Bell" by St. Louis District Missouri Court of Appeals ~ eBook PDF Kindle ePub Free

May 20, 2021

eBook details

Title: Harry F. Schneider v. Southwestern Bell
Author : St. Louis District Missouri Court of Appeals
Release Date : January 21, 1967
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

We now answer a previously unanswered question precipitated by this Courts epochal decision in Missouri Pacific Railway Co. v. Whitehead & Kales, 566 S.W.2d 466 (Mo. banc 1978), in which we abolished the long-established rule that a joint tort-feasor had no right to contribution from another joint tort-feasor, except when a joint judgment has been rendered. Prior to that decision a plaintiff had the unqualified right to sue one, some, or all persons who may have contributed to an injury. Those who were sued had no basis for complaint that others equally or more at fault were not sued. The case held that a defendant could institute third-party proceedings against possible joint tort-feasors whom the plaintiff had not chosen to sue. Later, in Safeway Stores, Inc. v. City of Raytown, 633 S.W.2d 727 (Mo. banc 1982), we held that the action for contribution or indemnity could be prosecuted as a separate action and did not have to be brought by way of third-party proceedings in the initial action.