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BYERLY v. SHELL

No. 8718.

312 F.2d 141 (1962)

Harvey Rayvon BYERLY, Charles William Long, Homer Lee Cox, and Davidson County, Appellees, v. Lewis Jackson SHELL and Joncie W. Absher, Appellants.

United States Court of Appeals Fourth Circuit.

Decided November 8, 1962.

As Amended on Denial of Rehearing December 19, 1962.

Attorney(s) appearing for the Case

Kyle Hayes, North Wilkesboro, N. C. (Hayes & Hayes, North Wilkesboro, N. C., on brief), for appellants.

John Haworth and John C. Riggs, High Point, N. C. (Haworth, Riggs, Kuhn & Haworth, High Point, N. C., on brief), for appellee, Harvey Rayvon Byerly.

W. F. Maready and R. M. Stockton, Jr., Winston-Salem, N. C. (Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, Winston-Salem, N. C., on brief), for appellees, Charles William Long, Homer Lee Cox, and Davidson County.

Before SOPER and HAYNSWORTH, Circuit Judges, and JOHN PAUL, District Judge.

SOPER, Circuit Judge.

This appeal was taken by one group of defendants in a case involving a collision between an automobile and a truck in order to protect their right of contribution under the North Carolina statutes against another group of defendants who were dismissed by the District Judge at the end of the plaintiff's evidence. The right of the plaintiff to recover against the appellant defendants is conceded. Appellant's contention is that the accident was...

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