Wilson v. Massagee

'WiNBORNE, J.

The question involved on this appeal, as stated in brief of appellants, is this: “Where plaintiff- sues a defendant under G. S., 28-173, alleging that her intestate was killed by the negligence of that defendant, may that defendant join as a joint tort-feasor under G. S., 1-240, a railway company by which the plaintiff’s intestate was employed in interstate commerce?”

The court below answered in the negative, and we are of opinion that the answer finds support in law.

The question as stated presupposes, and rightly so from the pleadings, Renn v. R. R., 170 N. C., 128, 86 S. E.,…