Johnson v. City of Asheville
Supreme Court of North Carolina
1Opinion of the CourtBeogden, J.
Under wbat circumstances may one joint tort-feasor recover indemnity from another joint tort-feasor?
The identical question is discussed in the case of Taylor v. Construction Co., 195 N. C., 30, 141 S. E., 492. The principle of liability was thus declared : “Where one of them is only passively negligent, but is exposed to liability through the positive acts and actual negligence of the other, the parties are not in equal fault as to each other, though both are equally liable to the injured person. . . . The further general principle is announced, however, in many cases, that where one does the…
2Cases cited6 opinions
- Gregg v. City of WilmingtonSupreme Court of North Carolina · 1911
- Bowman v. City of GreensboroSupreme Court of North Carolina · 1925
- Doles v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
- Taylor v. J. A. Jones Construction Co.Supreme Court of North Carolina · 1928
- Commissioners of Lexington v. Ætna Indemnity Co.Supreme Court of North Carolina · 1911
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3Cited by7 opinions
- Hunsucker v. High Point Bending & Chair Co.Supreme Court of North Carolina · 1953
- Newsome v. SurrattSupreme Court of North Carolina · 1953
- Wright's Clothing Store, Inc. v. Ellis Stone & Co.Supreme Court of North Carolina · 1951
- Lewis v. FARM BUREAU MUTUAL AUTOMOBILE INSURANCE COMPANYSupreme Court of North Carolina · 1955
- Greene v. Charlotte Chemical Laboratories, Inc.Supreme Court of North Carolina · 1961
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