{
  "id": 8628341,
  "name": "C. J. FLEMING v. CAROLINA POWER & LIGHT COMPANY",
  "name_abbreviation": "Fleming v. Carolina Power & Light Co.",
  "decision_date": "1949-03-02",
  "docket_number": "",
  "first_page": "65",
  "last_page": "66",
  "citations": [
    {
      "type": "official",
      "cite": "230 N.C. 65"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "229 N.C. 397",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        12166201
      ],
      "opinion_index": -1,
      "case_paths": [
        "/nc/229/0397-01"
      ]
    },
    {
      "cite": "229 N.C. 397",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        12166201
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/229/0397-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "87db1b8f1e8f27ea2979744d6ae1dfb078c8835b186825e7103d417f4870adb6",
    "simhash": "1:d307d7fa10943fb9",
    "word_count": 425
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  "last_updated": "2023-07-14T15:28:13.210119+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "C. J. FLEMING v. CAROLINA POWER & LIGHT COMPANY."
    ],
    "opinions": [
      {
        "text": "Seawell, J.\nIn the opinion, reported in 229 N.C. 397, it was inadvertently stated that it did not appear that plaintiff Fleming had been paid for his loss by any insurance company, whereas it is alleged that five of these insurers (Capital Fire Insurance Co., Citizens Insurance Company of New Jersey, Continental Insurance Co., Home Insurance Co., and by reason of merger the American National Fire Insurance Co. is owner of the claim of the North Carolina Home Insurance Company), have made payments to him on account of this loss. These corporations would, therefore, be at least prima, facie proper parties, and the order made here that the-additional parties brought in under the defendant\u2019s motion be stricken from the record is modified accordingly.\nIn view of the claims now alleged to have been paid by the named insurance companies, a majority of the Court is of the opinion that the allegations in defendant\u2019s second defense, based upon plaintiff\u2019s agreement to indemnify and defend the defendant against all claims for loss, costs and expenses on account of defective appliances on plaintiff\u2019s side of the point of delivery of electric current, would be sufficient to survive a demurrer in respect to the allegations therein of an agreement to defend, and that the court below properly overruled the demurrer. Hence the order striking out the defendant\u2019s cross-action is to that extent modified.\nThe cause is remanded for further proceeding not inconsistent with the opinion as herein modified.\nExcept as herein allowed, the petition to rehear is dismissed.",
        "type": "majority",
        "author": "Seawell, J."
      }
    ],
    "attorneys": [
      "Gholson <& Gholson and Murray Allen for plaintiff, 0. J. Fleming.",
      "Murray Allen for appellants, Insurance Companies.",
      "A. A. Bunn, Perry & Kittr\u00e9ll and' A. Y. Arledge for defendant, appellee."
    ],
    "corrections": "",
    "head_matter": "C. J. FLEMING v. CAROLINA POWER & LIGHT COMPANY.\n(Filed 2 March, 1949.)\nPleadings \u00a7 10: Parties \u00a7 10a\u2014\nIn a suit by a consumer to recover damages to his property from a fire allegedly caused by the negligence of defendant power company, the power company alleged that the fire resulted from the negligence of the consumer in the installation and maintenance of equipment on the consumer\u2019s property, that the consumer had executed an agreement to indemnify, save harmless and defend the power company against all liability or loss due to defective construction, wiring or appliances on consumer\u2019s property, and that certain named insurance companies had made payments to consumer on account of his loss. Held: The power company was prima facie entitled to the joinder of the named insurers as parties to the action.\nPetition to rehear decision reported in 229 N.C. 397.\nGholson <& Gholson and Murray Allen for plaintiff, 0. J. Fleming.\nMurray Allen for appellants, Insurance Companies.\nA. A. Bunn, Perry & Kittr\u00e9ll and' A. Y. Arledge for defendant, appellee."
  },
  "file_name": "0065-01",
  "first_page_order": 121,
  "last_page_order": 122
}