Godfrey v. Tidewater Power Co.

The question for decision is whether one of several defendants in an action for wrongful death arising out of a joint tort may have still another joint tort-feasor brought in and made a party defendant for the purpose of enforcing contribution, when the plaintiff’s right of action against such other tort-feasor, originally subsisting, has been lost by the lapse of time. C. S. 160; Curlee v. Power Co., 205 N. C., 644, 172 S. E., 329. The law answers in the affirmative. 13 Am. Jur., 52; 18 C. J. S., 19.

The pertinent meaning of C. S., 618 is that in an action arising out of a joint tort wherein…