The Fidelity & Casualty Company of New York and General Accident Fire & Life Assurance Corporation, Ltd. v. J. A. Jones Construction Company, J. A. Jones Construction Company v. The Fidelity & Casualty Company of New York and General Accident Fire & Life Assurance Corporation, Ltd.’s Empirical Analysis
325 F.2d 605 · 1963
Citation profile
18 federal appellate · 1 district · 8 state decisions
How this case has been cited
Cited by 41 later decisions — most recently November 2000 · most notably Cyr v. B. Offen & Co. (1974), Iowa Power and Light Co. v. Abild Construction Co. (1966)
18 federal appellate · 1 district · 8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp. · Builders Supply Co. v. McCabe · Union Stock Yards Company of Omaha v. Chicago Burlington Quincy Railroad Company · Halliburton Company and Continental Casualty Company v. Norton Drilling Company and Liberty Mutual Insurance Company · C & L Rural Electric Cooperative Corp. v. Kincaid
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ -x- * * jn £ke ease 0f concurrent or joint tortfeasors, having no legal relation to one another, each of them owing the same duty to the injured party, and involved in an accident in which the injury occurs, there is complete unanimity among the authorities everywhere that no right of indemnity exists on behalf of either against the other; in such a case, there is only a common liability and not a primary and secondary one, even though one may have been very much more negligent than the other. The universal rule is that when two or more contribute by their wrongdoing to the injury of another, the injured party may recover from all of them in a joint action or he may pursue any one of them and recover from him, in which case the latter is not entitled to indemnity from those who with him caused the injury.””
2 later decisions quote this exact passage · from the majority““There is considerable difference of opinion among the courts in various jurisdictions with respect to the effect of a party’s own negligence upon his right to equitable indemnity. An extensive review of such conflicting authority would be of little aid in determining what view the Arkansas Court adopts when and if the problem is presented to it. Many of such authorities are fully considered and discussed in the trial court’s opinion. Counsel have cited no Arkansas cases bearing directly upon the precise problem here presented. The trial court recognizes the rules generally prevailing to the effect in the absence of an expressed contract, where the action for indemnity is among parties whose only legal relationship is that of joint feasors, indemnity as well as contribution is denied.” Fidelity, supra, at 610 .”
1 later decision quote this exact passage · from the majority““Plaintiffs in their brief do not set out the exception claimed to have been made to the instruction or point to the record citation as required by our Rule 11(b) 3d. We have examined the record and do not find the exception here urged. Asserted errors to instructions not included in exceptions made to instructions by the trial court cannot be considered upon appeal. Rule 51, Fed.R.Civ.P.; Chicago Great Western Ry. v. Casura, 8 Cir., 234 F.2d 441 , 445.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.