Fleming v. Carolina Power & Light Co.

• Decision Date: 02 March 1949
• Docket Number: 161
• Citation: Fleming v. Carolina Power & Light Co., 51 S.E.2d 898, 230 N.C. 65 (N.C. 1949)
• Parties: FLEMING v. CAROLINA POWER & LIGHT CO.
• Court: North Carolina Supreme Court

51 S.E.2d 898

230 N.C. 65

FLEMING v. CAROLINA POWER & LIGHT CO.

No. 161

Supreme Court of North Carolina

March 2, 1949

Gholson & Gholson, of Henderson, and Murray Allen, of Raleigh for plaintiff, C. J. Flemming.

Murray Allen, of Raleigh, for appellants, Insurance Companies.

A A. Bunn and Perry & Kittrell, all of Henderson, and A. Y Arledge, of Raleigh, for defendant, appellee.

SEAWELL, Justice.

In the opinion reported in 229 N.C. 397, 50 S.E.2d 45, it was inadvertently stated that it did not appear that plaintiff Fleming had been paid for his loss by any insurance company whereas it is alleged that five of these insurers (Capital Fire Insurance Co., Citizens Insurance Company of New Jersey Continental Insurance Co., Home Insurance Co., and by reason of merger the American National Fire Insurance Co. is owner of the claim of the North Carolina Home Insurance Company) have made payments to him on account of this loss. These corporations would, therefore, be at least prima facie proper parties, and the order made here that the additional parties brought in under the defendant's motion be stricken from the record is modified accordingly.

In view of the claims now alleged to have been paid by the named insurance companies, a...