HAYES v. CITY OF WILMINGTON

No. 593.

79 S.E.2d 792 (1954)

239 N.C. 238

HAYES v. CITY OF WILMINGTON et al.

Supreme Court of North Carolina.

January 15, 1954.


Attorney(s) appearing for the Case

McClelland & Burney, R. M. Kermon, Wilmington, and McLean & Stacy, Lumberton for defendant appellant S. E. Cooper.

Hogue & Hogue, Wilmington, Ernest S. DeLaney, Jr., and A. Y. Arledge, Raleigh, for Carolina Power & Light Co. and Tide Water Power Co., appellees.


BARNHILL, Justice.

Defendant Cooper was entitled, if at all, to have the additional defendants made parties defendant under the statute which permits contribution between joint tortfeasors, G.S. § 1-240.

At common law no right of action for contribution existed between or among joint tort-feasors. The question could not be raised either by independent suit, after judgment had been rendered against one of the joint tort-feasors, or in the original action...

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