Norfolk & Western Railway Co. v. Werner Industries, Inc.

HUSKINS, Justice.

The sole question presented by this appeal is whether the Court of Appeals erred in affirming the trial court’s order granting summary judgment in favor of defendant.

Principles applicable to summary judgment under Rule 56 of the Rules of Civil Procedure are discussed in Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971), and have been applied in various cases lay this Court, including Harrison Associates v. State Ports Authority, 280 N.C. 251, 185 S.E. 2d 793 (Í972) ; Singleton v. Stewart, 280 N.C. 460, 186 S.E. 2d 400 (1972) ; Koontz v. City of Winston-Salem,…