ROGERS v. CAROLINA GARAGE, INC.

No. 530.

73 S.E.2d 318 (1952)

236 N.C. 525

ROGERS v. CAROLINA GARAGE, Inc. et al.

Supreme Court of North Carolina.

November 19, 1952.


Attorney(s) appearing for the Case

Robinson & Jones, Charlotte, Hastings & Booe, Winston-Salem, for Carolina Garage, Inc., defendant, appellant.

C. H. Gover and Helms & Mulliss, Charlotte, for Blythe Bros. Co., defendant, appellee.


DEVIN, Chief Justice.

We think the allegations contained in the cross-complaint of defendant Carolina Garage, Inc. are insufficient to sustain its action for contribution from Blythe Bros. Co. as joint tort-feasor.

It may not be held to constitute actionable negligence that Blythe Bros. Co. parked a motor truck near but not on the highway, even though it was near where other automobiles were likely to enter the highway from a parking site beyond. To hold that...

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