Legal Opinion

Kirk v. Nationwide Mutual Insurance Company

Supreme Court of North Carolina

Decided May 10, 1961No. 377PublishedCited by 29 opinions

1Opinion of the CourtMooRE, J.

Jason B. Strange was employed by the Southern Railway Company in the car department. He worked in and out of the Spencer shops. On 26 November 1958 a railway car ran a “hot box” at Hickory. The car had been “jacked up” and the wheels changed. Strange and one Peacock, in the course of their employment, were sent to return the jacks to the shops. For this purpose they used a specially equipped 2% ton Chevrolet maintenance truck owned and furnished by the Railway Company. They drove the truck to the location and prepared to load the jacks.

The truck had been “stripped” down, leaving of the…

2Cases cited18 opinions

  1. American Casualty Co. v. FisherSupreme Court of Georgia · 1942
  2. Seaford v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1961
  3. Maryland Casualty Co. v. TigheCourt of Appeals for the Ninth Circuit · 1940
  4. Fallins v. Durham Life Insurance Co.Supreme Court of North Carolina · 1957
  5. Lancaster v. Southern Insurance Co.Supreme Court of North Carolina · 1910

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3Cited by29 opinions

  1. Wachovia Bank & Trust Co. v. Westchester Fire InsuranceSupreme Court of North Carolina · 1970
  2. Harleysville Mutual Insurance Company Huron Insurance Company v. Kimberly Laws Packer, Terry Wayne Packer, Guardian for the Foregoing, and Terry Wayne Packer, Individually and as Guardian for Kimberly Laws Packer and Guardian Ad Litem for Stephanie Packer Willard Ray Faircloth Gladystine Faircloth Jonathan Keith Thornton Oscar Mitchell Carter Lawrence Michael Brush Ervin I. Baer, Administrator of the Estate of Sidney Ray Sheppard, Jr. Phillip J. Sheppard John C.W. Gardner Betty C. Brown, of the Estate of John H. Brown, D/B/A Sheppard Associates, a Partnership H. David Swain, Individually and D/B/A Swain Associates Stephanie Packer, Terry Wayne Packer, Guardian Ad Litem for the Foregoing, Harleysville Mutual Insurance Company Huron Insurance Company v. H. David Swain, Individually and D/B/A Swain Associates, and Terry Wayne Packer, Individually and as Guardian for Kimberly Laws Packer and Guardian Ad Litem for Stephanie Packer Willard Ray Faircloth Gladystine Faircloth Jonathan Keith Thornton Oscar Mitchell Carter Lawrence Michael Brush Ervin I. Baer, Administrator of the Estate of Sidney Ray Sheppard, Jr. Phillip J. Sheppard John C.W. Gardner Betty C. Brown, of the Estate of John H. Brown, D/B/A Sheppard Associates, a Partnership Kimberly Laws Packer, Terry Wayne Packer, Guardian for the Foregoing Stephanie Packer, Terry Wayne Packer, Guardian Ad Litem for the ForegoingCourt of Appeals for the Fourth Circuit · 1995
  3. Younts v. State Farm Mutual Automobile InsuranceSupreme Court of North Carolina · 1972
  4. Hawley v. Indemnity Insurance Co. of North AmericaSupreme Court of North Carolina · 1962
  5. Bailey Ex Rel. First National Bank of Catawba County, Inc. v. General Insurance Co. of America, Inc.Supreme Court of North Carolina · 1965

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