Supreme Court of North Carolina, 1939

Powell v. . Smith

Powell v. . Smith
Supreme Court of North Carolina · Decided September 27, 1939 · PER CURIAM.
4 S.E.2d 524; 216 N.C. 242; 1939 N.C. LEXIS 137 (South Eastern Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.