McMICHAEL v. DELAWARE COACH COMPANY


107 A.2d 895 (1954)

Charles McMICHAEL, Alice McMichael, Ann Jeffrey, John Alonzo, Irma Jones and Anthony Jeffrey, v. DELAWARE COACH COMPANY, a Corporation of the State of Delaware.

Superior Court of Delaware, New Castle.

August 27, 1954.


Attorney(s) appearing for the Case

A. James Gallo, Stephen E. Hamilton, Jr., Wilmington, for plaintiffs.

Henry M. Canby, William A. Worth, Jr., of the firm of Richards, Layton & Finger, Wilmington, for defendant.


CAREY, Judge.

The question is whether the Court has a discretionary right to direct a severance for the purpose of making one plaintiff a third-party defendant with reference to the other plaintiffs and, if so, whether this discretion should be exercised where the object is to claim contribution from a joint tortfeasor.

Ordinarily Rule 14(a), Superior Court Rules, Del.C.Ann. does not permit the impleader of a person...

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