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NATIONWIDE MUTUAL INSURANCE COMPANY v. McABEE

No. 285.

150 S.E.2d 496 (1966)

268 N.C. 326

NATIONWIDE MUTUAL INSURANCE COMPANY, a corporation, and James A. Queen, Plaintiffs, v. Aubrey McABEE d/b/a Pine Grove Service Station, Ira Earl Beach, William Ray Robertson and Federated Mutual Implement and Hardware Insurance Company, a corporation, Defendants.

Supreme Court of North Carolina.

October 19, 1966.

Attorney(s) appearing for the Case

Kennedy, Covington, Lobdell & Hickman, by Charles V. Tompkins, Jr., Charlotte, for plaintiff appellants.

Craighill, Rendleman & Clarkson, by Hugh B. Campbell, Jr., Charlotte, for defendant appellees.

HIGGINS, Justice.

The court held both Federated and Nationwide liable within the limits of their respective policies for the personal injuries and property damages proximately caused by the negligence of Beach in the operation of Queen's Chevrolet on March 4, 1961. Federated did not appeal. Nationwide did appeal, contending that Beach was not Queen's agent, but was the agent of McAbee's at the time of the accident, and was using Queen's Chevrolet in McAbee's automobile...

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