University of Michigan Law School Scholarship Repository
Abstract
Plaintiff was driving his team on the highway, closely followed by the auto of defendant Wood, which was in turn followed by that of defendant Perry. Perry, driving at a high rate of speed, collided with the rear of Wood\u27s auto, causing it to collide with plaintiff\u27s wagon. Plaintiff sued both defendants to recover for damage to himself and his wagon, alleging negligence in the conduct of each. Defendants answered, each denying his own negligence. Wood interposed a cross claim against Perry, alleging Perry\u27s negligence to be the sole cause of the collision, and demanded judgment for damage to his auto. Perry\u27s motion to strike the cross claim was overruled. On appeal, held, reversed. A defendant may file a cross claim against a co-defendant only if such cross claim is founded upon, or is necessarily connected with, the subject matter of the plaintiff\u27s action. Horton v. Perry, (N.C. 1948) 49 S.E. (2d) 734
