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
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