Texas Supreme Court
Gulf, Colorado & Santa Fe Railway Co., Petitioners v. George H. Bliss, Respondents
May 8, 19636 Tex. Sup. Ct. J. 461
Summary
The Texas Supreme Court held that Gulf, Colorado & Santa Fe Railway Company (Santa Fe) is not entitled to indemnity from the City of Beaumont, but is entitled to contribution as a joint tort-feasor under Art. 2212. The court reversed the lower courts on the contribution issue and remanded for entry of a judgment against both parties. The decision rested on the test for indemnity from Austin Road Co. v. Pope and the principle that a pleading alleging sole proximate cause coupled with a prayer for contribution implies proximate causation sufficient for contribution.