GIBBS v. CAROLINA POWER & LIGHT COMPANY

No. 118.

144 S.E.2d 393 (1965)

265 N.C. 459

Talmadge Andrew GIBBS v. CAROLINA POWER & LIGHT COMPANY, Original Defendant, and Sky-Line Construction Company and St. Paul Fire and Marine Insurance Company, Additional Defendants.

Supreme Court of North Carolina.

October 20, 1965.


Attorney(s) appearing for the Case

Riddle & Briggs, Asheville, for plaintiff.

Uzzell & DuMont, Asheville, for additional defendants.

Sherwood H. Smith, Jr., A. Y. Arledge, Raleigh, and Van Winkle, Walton, Buck & Wall, Asheville, for defendant.


MOORE, Justice.

Defendant's assignments of error may be discussed under two general questions.

First. Did the court below err in sustaining insurer's demurrer to defendant's cross-action, in dismissing the cross-action as to insurer, and in ordering the name of insurer and all references thereto stricken from the pleadings? Defendant insists that the question should be answered in the affirmative, and presents several propositions in support of its contention...

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