Legal Opinion

Etheridge v. Carolina Power & Light Company

Supreme Court of North Carolina

Decided January 14, 1959No. 593PublishedCited by 9 opinions

1Opinion of the CourtRodmaN, J.

When an injured party elects to sue some but not all of the tort-feasors responsible for his injuries, those sued have a right to bring the other wrongdoers in for contribution. G.S. 1-240. The original defendant then becomes as to the tort-feasors not sued a plaintiff. Norris v. Johnson, 246 N.C. 179, 97 S.E. 2d 773; Wrenn v. Graham, 236 N.C. 719, 74 S.E. 2d 232. The pleading filed by the original defendant must state facts which are sufficient to show that the original defendant is entitled to contribution from the additional defendant. If the facts alleged do not suffice to establish a…

2Cases cited5 opinions

  1. Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
  2. Norris v. JohnsonSupreme Court of North Carolina · 1957
  3. Wrenn v. GrahamSupreme Court of North Carolina · 1953
  4. Edwards Ex Rel. Edwards v. JenkinsSupreme Court of North Carolina · 1958
  5. Hayes v. City of WilmingtonSupreme Court of North Carolina · 1954

3Cited by9 opinions

  1. Davis v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1967
  2. McAdams v. BlueCourt of Appeals of North Carolina · 1968
  3. Myrtle Apartments, Inc. v. Lumbermen's Mutual Casualty Co.Supreme Court of North Carolina · 1962
  4. Kirkpatrick & Associates, Inc. v. Wickes Corp.Court of Appeals of North Carolina · 1981
  5. Mercer v. HilliardSupreme Court of North Carolina · 1959

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