Commissioners of Lexington v. Ætna Indemnity Co.
Supreme Court of North Carolina
Appeal from Daniels, J., at tbe November Term, 1910, of DAVIDSON. The West Construction Company contracted with the town of Lexington to do certain work in grading-, paving, macadamizing and otherwise improving its streets, according to plans and specifications furnished, and to secure the faithful performance of the work in a proper and careful manner it executed to the town its bond, with the other defendant, .¿Etna Indemnity Company, as surety, by which it agreed to…
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Appeal from Daniels, J., at tbe November Term, 1910, of DAVIDSON. The West Construction Company contracted with the town of Lexington to do certain work in grading-, paving, macadamizing and otherwise improving its streets, according to plans and specifications furnished, and to secure the faithful performance of the work in a proper and careful manner it executed to the town its bond, with the other defendant, .¿Etna Indemnity Company, as surety, by which it agreed to indemnify the town and save it harmless “from all suits, actions, proceedings of every name or description, in law or equity,…
1Opinion of the Court
Walker, J.,
after stating the case. As a general rule, when indemnity is sought by one who has been adjudged liable for damages arising from negligence for which another, as between themselves, is primarily liable, the judgment in the action against the former is evidence in the action brought for indemnity that the defendant in the first action, plaintiff in the second, was liable for the damages, and when notice has been given to *223defend, of tbe amount of tbe damages arising from tbe injury, but it does not establish wbieb of tbe wrongdoers is primarily liable, unless that question was…
2Cases cited12 opinions
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.Supreme Court of Missouri · 1899
- Cherry v. Canal Co.Supreme Court of North Carolina · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hunsucker v. High Point Bending & Chair Co.Supreme Court of North Carolina · 1953
- Doles v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
- Taylor v. J. A. Jones Construction Co.Supreme Court of North Carolina · 1928
- Johnson v. . AshevilleSupreme Court of North Carolina · 1929
- Kibler v. Maryland Casualty Co.Washington Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.