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Henredon Furniture Industries, Inc. v. SOUTHERN RAILWAY COMPANY
219 S.E.2d 238
N.C. Ct. App.
1975
Check Treatment
219 S.E.2d 238 (1975)
27 N.C. App. 331

HENREDON FURNITURE INDUSTRIES, INC.
v.
SOUTHERN RAILWAY COMPANY.

No. 7525SC496.

Court of Appeals of North Carolina.

November 5, 1975.

*239 Hedrick, McKnight, Parham, Helms, Kellam & Feerick by Richard T. Feerick and Edward L. Eatman, Jr., Charlotte, for plaintiff-appellee.

W. T. Joyner and John H. McMurray, Morganton, for defendant-appellant.

ARNOLD, Judge.

North Carolina case law provides that, although an insurer who has paid part of insured's claim "has a direct and appreciable interest in the subject matter of the action" brought by insured against tort-feasor, Burgess v. Trevathan, 236 N.C. 157, 161, 72 S.E.2d 231, 234 (1952), the insurer is not a necessary party to the action, but only a proper party. New v. Public Service Co., 270 N.C. 137, 153 S.E.2d 870 (1967); University Motors, Inc. v. Durham Coca-Cola Bottling Co., 266 N.C. 251, 146 S.E.2d 102 (1966); Burgess v. Trevathan, supra. The addition of parties where they are not necessary is a matter within the trial court's discretion, and the judge's order refusing to join additional parties is not ordinarily reviewable. New v. Service Co., supra; Corbett v. Corbett, 249 N.C. 585, 107 S.E.2d 165 (1959); Guthrie v. City of Durham, 168 N.C. 573, 84 S.E. 859 (1915). Defendant has not shown how the interlocutory order appealed from deprives it of any "substantial right". G.S. 1-277. See Funderburk v. Justice, 25 N.C.App. 655, 214 S.E.2d 310 (1975). Therefore, this appeal is premature and is dismissed.

Dismissed.

MORRIS and HEDRICK, JJ., concur.

Case Details

Case Name: Henredon Furniture Industries, Inc. v. SOUTHERN RAILWAY COMPANY
Court Name: Court of Appeals of North Carolina
Date Published: Nov 5, 1975
Citation: 219 S.E.2d 238
Docket Number: 7525SC496
Court Abbreviation: N.C. Ct. App.
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