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NEW v. PUBLIC SERVICE CO. OF NORTH CAROLINA, INC.

No. 525.

153 S.E.2d 870 (1967)

270 N.C. 137

Charles A. NEW and wife, Wilhelmina New v. PUBLIC SERVICE COMPANY OF NORTH CAROLINA, INC., Original Defendant, and Hamlin Sheet Metal Company, Incorporated, and Nationwide Mutual Fire Insurance Company, Additional Defendants.

Supreme Court of North Carolina.

April 19, 1967.

Attorney(s) appearing for the Case

Young, Moore & Henderson by J. Allen Adams, Raleigh, for Public Service Company of North Carolina, Inc., original defendant appellant.

Dupree, Weaver, Horton, Cockman & Alvis, Raleigh, for Nationwide Mutual Fire Insurance Company, additional defendant appellee.

SHARP, Justice.

The judgment of the court below must be reversed upon the authority of Burgess v. Trevathan, 236 N.C. 157, 72 S.E.2d 231, wherein Ervin, J., speaking for the Court, said:

"Since an insurance company which pays the insured for a part of the loss is entitled to share to the extent of its payment in the proceeds of the judgment in the action brought by the insured against the...

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