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DIXIE FIRE & CASUALTY CO. v. ESSO STANDARD OIL CO.

No. 696.

143 S.E.2d 279 (1965)

265 N.C. 121

The DIXIE FIRE & CASUALTY COMPANY, Plaintiff, v. ESSO STANDARD OIL COMPANY, Standard Oil Company of New Jersey, Humble Oil and Refining Company, and Esso Division of Humble Oil & Refining Company, Original Defendants, and Julian F. Head, Additional Defendant.

Supreme Court of North Carolina.

July 23, 1965.

Attorney(s) appearing for the Case

Jordan, Wright, Henson & Nichols, and Karl N. Hill, Jr., Greensboro, for plaintiff.

Smith, Moore, Smith, Schell & Hunter, and Richmond G. Bernhardt, Jr., Greensboro, for original defendant appellees.

MOORE, Justice.

Plaintiff assigns as error the ruling that the facts alleged in the complaint do not constitute as against the original defendants, Esso, a cause of action sounding in tort.

The ultimate facts stated are sufficient, if established, to support a finding that Head, the sublessee, was negligent and his negligence was a proximate cause of the damage to the building. Only the facts which constitute the negligence and the facts which...

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