Joyner v. Champion Fiber Co.
Supreme Court of North Carolina
Appeal by plaintiff, and also by defendant, Fidelity & Casualty Company, from Ray, J., at May Term, 1919, of BuNCOmbe. Tbe action was brought against the defendants, Southern Railway Company, Champion Fibre Company, and J. H. Blizzard, to recover-damages for the negligent killing of plaintiff’s intestate while in the employment of the Champion Fibre Company, and while attempting to-uncouple cars owned by Southern Railway Company, causing his death.
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Appeal by plaintiff, and also by defendant, Fidelity & Casualty Company, from Ray, J., at May Term, 1919, of BuNCOmbe. Tbe action was brought against the defendants, Southern Railway Company, Champion Fibre Company, and J. H. Blizzard, to recover-damages for the negligent killing of plaintiff’s intestate while in the employment of the Champion Fibre Company, and while attempting to-uncouple cars owned by Southern Railway Company, causing his death. The railway company and fibre company filed answers. The cause was set for trial, and witnesses subpoenaed. In negotiations for a compromise at…
1Opinion of the CourtClark, C. J.
The court had the right, and in fact it was its duty, tO‘ require all the parties to be brought in whose rights would be affected by the proceeding. Bev., 414. The trial judge found as a fact that said company was a proper and necessary party after the alleged compromise,, and his action was not reviewable. Aiken v. Mfg. Co., 141 N. C., 339. The judgment “may determine the ultimate rights of the parties on each side between themselves.” Bev., 563.
An order making additional parties is not appealable. Bennett v. Shelton, 117 N. C., 103; Emory v. Parlcer, 111 N. C., 261; Lane v.. Richardson, 101…
2Cases cited8 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- Walker v. Miller.Supreme Court of North Carolina · 1905
- Bernard v. Shemwell.Supreme Court of North Carolina · 1905
- Aiken v. Manufacturing Co.Supreme Court of North Carolina · 1906
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3Cited by9 opinions
- City of Raleigh v. EdwardsSupreme Court of North Carolina · 1951
- Burgess v. TrevathanSupreme Court of North Carolina · 1952
- Michigan Sanitarium & Benevolent Ass'n v. NealSupreme Court of North Carolina · 1927
- Goins v. . SargentSupreme Court of North Carolina · 1929
- Griffin v. Bank of ColeridgeSupreme Court of North Carolina · 1933
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