Bost v. . Metcalfe

Under no possible aspect of tbe case could plaintiff claim tbe right to have Merritt made a party to this action except upon tbe theory that be is, or may be found to be, guilty of negligence proximately causing injury to tbe defendant Metcalfe. Hence, we can approach tbe question presented to best advantage by assuming that tbe issue of negligence will be answered against him.

Neither the plaintiff nor the defendant Metcalfe pray any recovery against Merritt. Plaintiff simply seeks to have it adjudged that Merritt is a joint tort-feasor in respect to tbe injury sustained by Metcalfe as a…