Powell & Powell, Inc. v. Wake Water Co.
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at December Term, 1915, of Wake. Tbis is an appeal from an order allowing certain insurance companies to institute an action against tbe receiver of tbe Wake Water Company tbat was under contract, at tbe time of tbe injuries complained of, to furnish tbe city of Raleigb and its inhabitants with water and to perform other obligations.
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Appeal by defendant from Peebles, J., at December Term, 1915, of Wake. Tbis is an appeal from an order allowing certain insurance companies to institute an action against tbe receiver of tbe Wake Water Company tbat was under contract, at tbe time of tbe injuries complained of, to furnish tbe city of Raleigb and its inhabitants with water and to perform other obligations. It is alleged in tbe petition tbat tbe property of tbe News and Observer Company was destroyed by fire on account of tbe negligence of tbe water company; tbat at tbe time of tbe loss tbe property was insured in tbe companies…
1Opinion of the CourtAlleN, J.
Tbe provisions in tbe contract between tbe city of Raleigh and Wake Water Company upon which tbe receiver relies to take this case out of tbe principle adopted in Gorrell v. Water Co., 124 N. C., 328, are in substance tbe same as those in tbe contracts considered in Jones v. Water Co., 135 N. C., 553, and Morton v. Water Co., 168 N. C., 582, and we therefore bold, following these authorities, tbat tbe News and Observer Publishing Company bad a right of action against tbe defendants as receivers of tbe Wake Water Company upon tbe allegations of negligence contained in tbe petition.
*296If so, Have…
2Cases cited24 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Hall & Long v. Railroad Cos.Supreme Court of the United States · 1872
- Chicago, St. Louis & New Orleans Railroad v. Pullman Southern Car Co.Supreme Court of the United States · 1891
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- Shoffner Industries, Inc. v. W. B. Lloyd Construction Co.Court of Appeals of North Carolina · 1979
- Smith v. Yellow Cab Co.Supreme Court of Pennsylvania · 1926
- Offer v. Superior CourtCalifornia Supreme Court · 1924
- Winkler v. Appalachian Amusement Co.Supreme Court of North Carolina · 1953
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