HILLEY v. BLUE RIDGE INS. CO.

No. 521.

70 S.E.2d 570 (1952)

235 N.C. 544

HILLEY v. BLUE RIDGE INS. CO.

Supreme Court of North Carolina.

May 7, 1952.


Attorney(s) appearing for the Case

Horace Kennedy, Shelby, for defendant appellant.

Frank P. Cooke, Gastonia, R. R. Friday, Gastonia, for plaintiff appellee.


WINBORNE, Justice.

The sole question presented on this appeal is based upon exception by defendant to the ruling of the trial court in overruling its motion for judgment as of nonsuit.

Defendant contends, and we hold properly so, that since the terms of the policy of insurance, and of the release given by plaintiff to Southern Railway Company are in writing, and free from ambiguity, and are in evidence, the ascertainment of their meaning and effect is for...

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