Jackson v. Baggett

Tbe question presented on tbis appeal bas been answered in the recent case of Burgess v. Trevathan, 236 N.C. 157, 72 S.E. 2d 231; the opinion in which was filed 17 September 1952. In fairness to tbe able and learned trial judge it should be stated tbat tbe opinion in Burgess v. Trevathan was filed tbe same day tbe order in tbis case was signed, and neither be nor counsel bad any opportunity to see it before tbe order was signed.

In Burgess v. Trevathan, supra, Justice Ervin speaking for the Court says: “Since an insurance company which pays the insured for a part of tbe loss is entitled to…