Union Stock Yards Co. of Omaha v. Chicago, Burlington, & Quincy R.R. – Case Brief
Union Stock Yards Co. of Omaha v. Chicago, Burlington, & Quincy R.R., 196 U.S. 217 (1905).
Case Summary:
Facts: A railroad company and a terminal company (Chicago, Burlington, & Quincy R.R.), D) both failed to inspect a rail car. One of the rail cars had a defective nut which could have been discovered through reasonable inspection. As a consequence, an accident occurred and an employee of Union Stock Yards (P) was injured. After paying damages to the employee, P sued D to recover under contribution.
Issue: To allow contribution against multiple wrongdoers, can a party obtain contribution only if the other wrongdoer is a principal wrongdoer?
Holding and Rule: Yes. A wrongdoer who has been compelled to pay all of the damages for a wrong cannot recover against another wrongdoer unless that other wrongdoer is the principal wrongdoer. Here, the court held that the negligence of the parties was of the same character and P could not seek contribution because D was not the principal wrongdoer.
Notes: This rule has been largely abandoned in favor of a rule that allows the first party sued to seek contribution from other parties including parties who were not the principal wrongdoer.