Pascal Ex Rel. Pascal v. Burke Transit Co.

Appeal of the Defendant, QueeN City Coach Company.

Denny, J.

This defendant seriously contends that its motion for judgments as of nonsuit on the cross-actions of tbe Burke Transit Company, for contribution under G.S. 1-240, should have been allowed.

After the Queen City Coach Company was made a party defendant, the plaintiffs did not amend their pleadings and allege this defendant was also negligent and that such negligence concurred with the negligence of the Burke Transit Company, in causing the injuries and damages sustained by them. Therefore, the burden was upon the codefendant, Burke…