Edwards v. Hamill

Appellants’ defense, as set out in their answer, is that the negligence of Whitehurst was the sole proximate cause of plaintiffs’ damage and he is solely liable to the plaintiffs. Appellants’ position on appeal, as stated in their brief, is that the negligence of White-hurst was the primary cause of the explosion and fire which damaged the Messick house and he is primarily liable to plaintiffs. Their goal is complete exoneration or indemnity, not contribution under G.S. 1-240, but the ruling on this demurrer depends entirely upon the facts alleged in the answer.

Independently of G.S. 1-240,…