Convoy Company v. Dana

6 Citing cases

  1. Schneider Nat., Inc. v. Holland Hitch Co.

    843 P.2d 561 (Wyo. 1992)   Cited 36 times
    Concluding that "Wyoming law permits an actor whose failure to inspect contributed to a third party's injuries to obtain indemnity from those who created or were otherwise directly responsible for the conditions that caused the third party's injuries" and that "[t]he failure of a productuser to inspect and discover a defective product does not bar indemnity"

    Nothing in the repeal of contribution indicates that implied indemnity was also "repealed." The court also disagrees with Rissler McMurry Company's assertion that Convoy Company v. Dana, 359 P.2d 885, 887 (Wyo. 1961), precludes recovery under a theory of implied indemnity. Even so, the court is convinced that the Schneider defendants are not entitled to assert implied indemnity in this case.

  2. Richardson Associates v. Lincoln-Devore

    806 P.2d 790 (Wyo. 1991)   Cited 20 times
    Holding that tort-based defenses are not available when the cause of action was based in contract although subjected to tort challenges

    The right of contribution between joint tort-feasors is dependent upon statute. Convoy Co. v. Dana, 359 P.2d 885 (Wyo. 1961); Denneler v. Aubel Ditching Service, Inc., 203 Kan. 117, 453 P.2d 88 (1969). Cf. Stein v. Whitehead, 40 A.D.2d 89, 337 N YS.2d 821 (1972), considering Dole v. Dow Chemical Co., 30 N Y2d 143, 331 N.Y.S.2d 382, 282 N.E.2d 288 (1972) and Kelly v. Long Island Lighting Co., 31 N.Y.2d 25, 334 N.Y.S.2d 851, 286 N.E.2d 241 (1972), which introduced comparative negligence and right of contribution into New York law by court decision for application to joint tort-feasors.

  3. Fraley v. Worthington

    64 F.R.D. 726 (D. Wyo. 1974)   Cited 8 times

    Defendant's second claim as a basis for impleader is subject to facile disposition. The rule is well-established, see Merryweather v. Nixan, 8 Term.Rep. 186 (1799), and was repeated in Convoy Company v. Dana, 359 P.2d 885, at 887 (Wyo.Sup.Ct.1961), where the Court declared, ‘ [I]t is stated that if both parties are joint tort-feasors or are in paridelicto, as where each of the parties contributes to cause an injury, no right of indemnity exists in either party. A like rule applies, in the absence of a statute, to the rule of contribution.

  4. Buckley v. Bell

    703 P.2d 1089 (Wyo. 1985)   Cited 31 times
    Upholding trial court finding that plaintiff's negligence was an unforeseeable intervening cause that barred recovery

    In Chrysler Corporation v. Todorovich, Wyo., 580 P.2d 1123 (1978), this court relied upon some of the rules of causation set forth in Restatement (Second) of Torts. We there indicated that the definition found in Restatement (Second) of Torts, § 431, p. 428 (1965), expressed the essence of this court's conclusion in Convoy Company v. Dana, Wyo., 359 P.2d 885 (1961). As we understand the findings of fact and conclusions of law entered by the trial court in this case, it was using a dual approach in accommodating to the precedents articulated by this court, as well as the rules of causation set forth in the Restatement (Second) of Torts in deciding the case.

  5. Chrysler Corp. v. Todorovich

    580 P.2d 1123 (Wyo. 1978)   Cited 63 times
    In Chrysler Corp. v. Todorovich, 580 P.2d 1123, 1131, (Wyo. 1978), the court dealt with the possible liability of the manufacturer of the automobile in which a plaintiff was riding and that of the driver of a following vehicle involved in a rear end collision.

    The record discloses negligent conduct on the part of each of them which respective conduct in each instance constituted a legal cause of the harm to Todorovich because it was a substantial factor in bringing about the harm. While not expressed in precisely this way, this is the essence of the conclusion of this court in Convoy Company v. Dana, Wyo., 359 P.2d 885, 887 (1961), at which point in its opinion the Court discusses joint tort feasors. See also Pure Gas Chemical Company v. Cook, Wyo., 526 P.2d 986 (1974).

  6. Pure Gas Chemical Company v. Cook

    526 P.2d 986 (Wyo. 1974)   Cited 35 times
    Concluding verdict is not final liquidation of sum due until judgment entered and awarding post-judgment interest from date of entry

    Although the question has never arisen in this state, it is not unique and has often been considered in various states when juries have returned verdicts attempting to apportion damages in face of this rule. Convoy Company v. Dana, Wyo., 359 P.2d 885, 887; Miller v. New York Oil Co., 34 Wyo. 272, 243 P. 118, 121. Natrona Power Co. v. Clark, 31 Wyo. 284, 225 P. 586, 587.