George A. Fuller Co. v. Otis Elevator Co.,
245 U.S. 489 (1918)

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U.S. Supreme Court

George A. Fuller Co. v. Otis Elevator Co., 245 U.S. 489 (1918)

George A. Fuller Co. v. Otis Elevator Company

No. 128

Argued January 3, 1918

Decided January 14, 1918

245 U.S. 489


Petitioner, having paid the judgment affirmed in George A. Fuller Co. v. McCloskey, 228 U. S. 194, recovered indemnity from the respondent upon the ground that the latter, at the time of the accident, retained its control over the negligent servant. Held that, there being sufficient evidence upon that point to warrant the verdict, petitioner's judgment should be affirmed. Held further that the adjudication in the former case did not estop the petitioner upon the issue of primary responsibility here presented, as it did not determine or involve that issue, and respondent had been dismissed from that case as codefendant before petitioner's evidence therein was heard; and, further, that such adjudication, had it purported to include that issue, would not have the force of a precedent, since, in the present case, there was evidence, absent in the other, which makes it impossible

Page 245 U. S. 490

to say as a matter of law that respondent did not retain control of the servant.

The writ of certiorari, when issued to the Court of Appeals of the District of Columbia, is not limited to cases in which final judgment has been entered, but only to cases in which the judgment when entered is final. Jud.Code, § 251. So held where the judgment of the Court of Appeals reversed the judgment of the Supreme Court of the District.

44 App.D.C. 287 reversed.

The case is stated in the opinion.

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