Powell v. . Smith

Supreme Court of North Carolina
Powell v. . Smith, 4 S.E.2d 524 (N.C. 1939)
216 N.C. 242; 1939 N.C. LEXIS 137
PER CURIAM.

Powell v. . Smith

Opinion of the Court

Per Curiam.

The defendant Transfer Company had S. E. Campbell and Christine Wallace brought in as parties for its own convenience and relief and asserted a cause of action against them for contribution as joint tort-feasors in case a recovery should be had against the Transfer Company because of its negligence. Each of the defendants countered with an affirmative demand for compensation against the Transfer Company for negligent injury to property. The causes of action grew out of the same transaction and are properly litigated in the same action. There is no misjoinder of parties or causes of action. C. S., 455-456; Wilson v. Motor Lines, 207 N. C., 263, 176 S. E., 750; Hudson v. Transportation Co., 214 N. C., 489.

The judgment is

Affirmed.

Reference

Full Case Name
EDWIN LEE POWELL v. v. J. and C. H. SMITH, Trading and Doing Business as SMITH'S TRANSFER COMPANY; VANCE CHURCH, S. E. CAMPBELL, and CHRISTINE WALLACE
Cited By
6 cases
Status
Published