(Download) "Herring v. Queen City Coach Co." by Supreme Court of North Carolina ~ Book PDF Kindle ePub Free
eBook details
- Title: Herring v. Queen City Coach Co.
- Author : Supreme Court of North Carolina
- Release Date : January 07, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The question presented by the appeal is the propriety of the ruling below denying the motion of the defendant Coach Company to strike from the answer of the additional defendant Mabel Spivey the allegations which refer to a previous judgment rendered in her favor as administratrix of Paul Spivey and against defendant Coach Company for damages for the wrongful death of Paul Spivey as result of the collision between his automobile and defendants bus. This judgment is pleaded now as res judicata and determinative of the question of the negligence of Paul Spivey in causing the collision, for the reason that the question of his contributory negligence having been an issue in that suit and by the judgment decided adversely to the defendant, could not again be set up in a cross-action for contribution between the same parties.