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HAYES v. CITY OF WILMINGTON

No. 169.

91 S.E.2d 673 (1956)

243 N.C. 525

W. J. HAYES, Administrator of the Estate of W. J. Hayes, Jr. v. CITY OF WILMINGTON, North Carolina; Towles-Cline Construction Company; E. B. Towles Construction Company, and S. E. Cooper, Trading and Doing Business as S. E. Cooper Company; John Lindsey Neal and Seaboard Surety Company.

Supreme Court of North Carolina.

February 29, 1956.

Attorney(s) appearing for the Case

McClelland & Burney, Wilmington, McLean & Stacy, Lumberton, and R. M. Kermon, Wilmington, for defendants Cooper and Neal, appellants.

R. L. Savage, Raleigh, and James & James, Wilmington, for Towles-Cline Const. Co. and E. B. Towles Const. Co., appellants.

Hogue & Hogue, Wilmington, and A. Y. Arledge, Raleigh, for Carolina Power & Light Co., appellee.

JOHNSON, Justice.

Decision here turns on whether the amended cross complaint filed by the defendants Cooper and Neal states facts sufficient to constitute a cause of action for contribution against the power company. In determining this question, these principles of law established by our decisions come into focus:

1. Liability for contribution under the provisions of G.S. § 1-240 may not be invoked except among...

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