Hayes v. City of Wilmington

Decision here turns on whether the amended cross complaint filed by the defendants Cooper and Neal states facts sufficient to constitute a cause of action for contribution against the power company. In determining this question, these principles of law established by our decisions come into focus:

1. Liability for contribution under the provisions of G.S. 1-240 may not be invoked except among joint tortfeasors. Therefore, in order for one defendant to j oin another as a third-party defendant for the purpose of contribution, he must allege facts sufficient to show joint tort-feasorship and his…