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KIRK v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. 377.

119 S.E.2d 645 (1961)

254 N.C. 651

Zeb V. KIRK and Virginia Smith Young, CoExecutors of Jason B. Strange, Deceased, v. NATIONWIDE MUTUAL INSURANCE COMPANY.

Supreme Court of North Carolina.

May 10, 1961.

Attorney(s) appearing for the Case

Stoner & Wilson and T. H. Suddarth, Jr., Lexington, for plaintiffs.

Walser & Brinkley, Lexington, for defendant.

MOORE, Justice.

Jason B. Strange was employed by the Southern Railway Company in the car department. He worked in and out of the Spencer shops. On 26 November 1958 a railway car ran a "hot box" at Hickory. The car had been "jacked up" and the wheels changed. Strange and one Peacock, in the course of their employment, were sent to return the jacks to the shops. For this purpose they used a specially equipped 2½ ton Chevrolet maintenance truck owned and furnished...

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