Law Commons^™

Negligence - Contribution Between Concurrent Tort Feasors - Subrogation

Michigan Law Review

A truck owner parked his truck on a public street at night knowing that the rear light was not burning. A Minnesota statute made it illegal to park a car at night without a light. The defendant negligently ran into the truck, whereby one of his companions was injured. The plaintiff, as insurer of the truck owner, paid for the injury, becoming subrogated to any right of contribution which the truck owner might have against the defendant. Held, that if the truck driver were guilty of negligence only, recovery could be had, but where there is an intentional wrong …