PEARSALL v. DUKE POWER COMPANY

No. 607.

129 S.E.2d 217 (1963)

258 N.C. 639

Arlena PEARSALL, Plaintiff, v. DUKE POWER COMPANY, Original Defendant, and David W. Elkins and Ida Ruth Elkins, Additional Defendants.

Supreme Court of North Carolina.

February 1, 1963.


Attorney(s) appearing for the Case

Adams, Kleemeier, Hagan & Hannah by Durward S. Jones, Greensboro, for original defendant appellant.

Smith, Moore, Smith, Schell & Hunter by Stephen Millikin, Greensboro, for additional defendant appellees.


RODMAN, Justice.

The appeal presents these questions: (1) Did Duke, by paying and taking an assignment of the judgment which plaintiff had obtained against it, forfeit its right to have its claim for contribution reviewed by appeal? (2) If not, has Duke shown prejudicial error entitling it to a new trial on its claim for contribution?

In stating the questions for decision we reverse the order stated by the parties, for the second need not be answered if, as...

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