Hipp v. . Farrell
Supreme Court of North Carolina
Appeal by defendants from Bond, J., Spring Term, 1915, from Lee. Civil action pending in Superior Court of Lee County, beard on demurrer and by consent of parties at Pittsboro, Chatham County, on 15 May, 1915. The actions were instituted against the defendants as individuals for an alleged breach of duty on their part as members of the highway commission of Lee County and R. P. Coble as superintendent of said county, holding their offices under ch. 586, Local Laws of 1911,…
Read the full summary
Appeal by defendants from Bond, J., Spring Term, 1915, from Lee. Civil action pending in Superior Court of Lee County, beard on demurrer and by consent of parties at Pittsboro, Chatham County, on 15 May, 1915. The actions were instituted against the defendants as individuals for an alleged breach of duty on their part as members of the highway commission of Lee County and R. P. Coble as superintendent of said county, holding their offices under ch. 586, Local Laws of 1911, for breach of duty on their part, in that, having means available for the purpose, they knowingly, negligently and…
1Opinion of the Court
Hoke, J.,
after stating the case: Authority here and elsewhere is to the effect that where the Wrongful acts of two or more persons concur in producing a single injury, and with or without concert between them, they may be treated as joint tort feasors, and, as a rule, sued separately or together, at the election of the plaintiff. Hough v. R. R., 144 N. C., 692; Clark v. Guano Co., 38 Cyc., pp. 488 et seq. The only case with us which tends to impose any restriction on the position is that of Guthrie v. Durham, 168 N. C., p. 573, where, on a question of primary and secondary liability of joint…
2Cases cited13 opinions
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Hover v. BarkhoofCommission of Appeals · 1870
- Hough v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Raynsford v. PhelpsMichigan Supreme Court · 1880
- Baker v. StateIndiana Supreme Court · 1867
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hunsucker v. High Point Bending & Chair Co.Supreme Court of North Carolina · 1953
- Brown v. Southern Railway Co.Supreme Court of North Carolina · 1932
- Godfrey v. Tidewater Power Co.Supreme Court of North Carolina · 1943
- Noland Co. v. . TrusteesSupreme Court of North Carolina · 1925
- Bell v. LaceySupreme Court of North Carolina · 1958
16 more not listed; retrieve them via the Exa API.