Legal Opinion · Dissent

McIntyre v. Monarch Elevator & MacHine Co.

Supreme Court of North Carolina

Decided June 16, 1949Published

1DissentRaeNhill, J.

Plaintiff does not sue or pray relief against Gilmore Clinic, Inc. Strictly speaking, it is not a defendant but a respondent, brought in to answer the claim of the defendant for contribution in the event plaintiff shall recover on her cause of action. The Machine Company is the one and only defendant and will be so treated.

Defendant installed a manually operated elevator in the Gilmore Clinic Building and agreed to return later and convert it into an automatic or push button type. At the time of the accident described in the complaint, its employees were engaged in making the conversion.

The…

2Cases cited28 opinions

  1. Harton v. . Telephone Co.Supreme Court of North Carolina · 1906
  2. Butner v. SpeaseSupreme Court of North Carolina · 1940
  3. Murray v. . R. R.Supreme Court of North Carolina · 1940
  4. Mills v. MooreSupreme Court of North Carolina · 1941
  5. Tyson v. . FordSupreme Court of North Carolina · 1948

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