Fidelity & Casualty Co. v. Federal Express Inc‪.‬

The appellant is an insurer, and having paid each of two several judgments rendered against persons whom it was obligated to indemnify in tort actions for personal injuries arising through negligence, and being subrogated to their rights against others, sued the several appellees for indemnity upon the theory that each of them was respectively the author of the primary and active wrongful conduct which in each instance led to the injury and the subsequent judgment against the appellants insured. The several appellees, having been co-defendants with the insured in one or the other of the tort actions, and having been there adjudged free from liability to the respective plaintiffs therein, demurred to the appellants petitions on the ground that they failed to state causes of action. These appeals are taken from judgments of dismissal.