Siebrand

This case arises under the diversity jurisdiction of the district court, and presents various problems in the law of negligence, including particularly the effect of the return of separate verdicts against certain defendants and alleged apportionment of a verdict between such defendants.

Appellees George F. Gossnell and Estella Gossnell, husband and wife, and hereinafter called the Gossnells, were travelling by automobile on the highway near Tempe, Arizona, on February 20, 1953. A truck operated by appellant Carroll, and belonging to appellants, P. W. Siebrand and Hiko Siebrand, hereafter called Seibrand Bros., was travel-ling in an opposite direction. As the parties approached each other, a trailer being pulled by the truck became disconnected, crossed the highway, and ran head-on into the Gossnell car, causing damage thereto and personal injuries to the Gossnells.

The Gossnells, citizens of Iowa, brought action in the district court against Seibrand Bros, and Carroll, citizens of Arizona, Seibrand Bros., and Carroll filed separate answers and were represented by different counsel. The case was tried to a jury. Separate verdicts were asked for by Siebrand *86 Bros., and without…