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WRIGHT'S CLOTHING STORE v. ELLIS STONE & CO.

No. 674.

63 S.E.2d 118 (1951)

233 N.C. 126

WRIGHT'S CLOTHING STORE, Inc. v. ELLIS STONE & CO., Inc., et al.

Supreme Court of North Carolina.

February 2, 1951.

Attorney(s) appearing for the Case

Brooks, McLendon, Brim & Holderness, G. Neil Daniels, and Smith, Wharton, Sapp & Moore, Greensboro, for defendant H. L. Coble Const. Co., appellant.

Frazier & Frazier, Greensboro, for plaintiff-appellee.

Huger S. King, Greensboro, for original defendant Ellis Stone & Co., Inc., appellee.

JOHNSON, Justice.

The question for decision here is: Has Ellis Stone pleaded itself beyond the permissive bounds of the rule which permits the adjustment in one action of primary and secondary liability between joint tort-feasors? We think not.

Our decisions adhere to the rule that where two parties are jointly liable in damages for negligence, one of them for the reason that he is "`only passively negligent, but...

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