Price v. Ryan

Decision Date18 November 1930
Citation173 N.E. 907,255 N.Y. 16
PartiesPRICE v. RYAN et al.
CourtNew York Court of Appeals Court of Appeals

OPINION TEXT STARTS HERE

Action by Esther H. Price against Thomas D. Ryan and another. From judgment of the Appellate Division (230 App. Div. 770, 243 N. Y. S. 638) affirming a judgment of the Trial Term entered on a verdict of jury in plaintiff's favor, named defendant appeals.

Affirmed.

Appeal from Supreme Court, Appellate Division, Fourth department.

Henry R. Follett and George R. Fearon, both of Syracuse, for appellant.

Charles E. Spencer, of Syracuse, for respondent Price.

Joseph M. Meatyard, of Syracuse, for respondent Dickison.

PER CURIAM.

The plaintiff was injured through the negligence of a truck driver who was in the general employment of the defendant Ryan. Even though it be conceded that the defendant Dickison, with whom Ryan had contracted for the use of the truck and driver, was negligent in directing the driver, known to him to be intoxicated, to proceed along the street where the accident occurred, the defendant Ryan has no standing to complain that the jury found a verdict against himself alone. The Civil Practice Act (§ 211-a), in furnishing to one joint tort-feasor a remedy for the recovery of contribution from the other, expressly confines the remedy to cases where a money judgment has proceeded against both. At common law Ryan would have had no cause of action in contribution. Under the statute he has none, since no judgment against his joint tort feasor has been had. The plaintiff, entitled to a judgment against Ryan, because of his tort, should not be denied an enforcement of the judgment because the jury, in exculpating Dickison, refused to enforce an additional liability to which the plaintiff may have been entitled.

The judgment should be affirmed, with costs.

CARDOZO, C. J., and POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN, and HUBBS, JJ., concur.

Judgment affirmed.

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11 cases
  • Guy F. Atkinson Co. v. Consani
    • United States
    • California Court of Appeals Court of Appeals
    • December 16, 1963
    ...interpreting the New York statute hold that a party has no right of appeal from a judgment in favor of a codefendant (Price v. Ryan (1930) 255 N.Y. 16, 173 N.E. 907; Ward v. Iroquois Gas Corp. (1932) 258 N.Y. 124, 179 N.E. 317; Hughes v. Parkhurst, 284 App.Div. 757, 134 N.Y.S.2d 798, 799; E......
  • Georges v. Hennessey
    • United States
    • U.S. District Court — Eastern District of New York
    • August 31, 1982
    ...tortfeasor enjoyed no private right to contribution. Ward v. Iroquois Gas Corp., 258 N.Y. 124, 179 N.E. 317 (1932); Price v. Ryan, 255 N.Y. 16, 173 N.E. 907 (1931). Whomever the injured plaintiff chose to sue for damages was forced to bear the full brunt of the joint liability with recourse......
  • Bundy v. City of New York
    • United States
    • New York Supreme Court — Appellate Division
    • July 6, 1965
    ...contribution from the other, expressly confines the remedy to cases where a money judgment has proceeded against both' (Price v. Ryan, 255 N.Y. 16, 18, 173 N.E. 907, 908). Recognizing the force of this contention, Slattery contends that it is not proceeding directly against Fitzgerald, but ......
  • Epstein v. Nat'l Transp. Co.
    • United States
    • New York Court of Appeals Court of Appeals
    • March 5, 1942
    ...See Jones v. Freeman, Inc., 249 App.Div. 710, 291 N.Y.S. 486. In Ward v. Iroquois Gas Corp., 258 N.Y. 124, 179 N.E. 317 and Price v. Ryan, 255 N.Y. 16, 173 N.E. 907 a defendant was not permitted to appeal against his codefendant because there was neither a joint judgment nor payment of a jo......
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