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Carolina Power & Light Co. v. Merrimack Mutual Fire Insurance

Citations: 81 S.E.2d 404; 240 N.C. 196; 1954 N.C. LEXIS 672Docket: 167

Court: Supreme Court of North Carolina; April 28, 1954; North Carolina; State Supreme Court

Narrative Opinion Summary

The Supreme Court of North Carolina addressed the case of Carolina Power & Light Co. v. Merrimack Mutual Fire Insurance Co. et al., with a ruling delivered on April 28, 1954. The court was evenly divided on the issues raised for rehearing, resulting in the original opinion remaining unchanged. Consequently, the petition for rehearing was denied. The case involved legal representation from multiple parties, with the appellant being Carolina Power & Light Co. and the appellees consisting of Merrimack Mutual Fire Insurance Co. and others. Justice Parker did not participate in the decision.

Legal Issues Addressed

Denial of Petition for Rehearing

Application: A petition for rehearing is denied when the court reaches an impasse on the issues presented.

Reasoning: Consequently, the petition for rehearing was denied.

Effect of an Evenly Divided Court

Application: When the court is evenly divided on issues during a rehearing, the original opinion remains unchanged.

Reasoning: The court was evenly divided on the issues raised for rehearing, resulting in the original opinion remaining unchanged.

Non-Participation of a Justice

Application: The outcome of a case may be affected by the non-participation of a justice, potentially leading to an evenly divided court.

Reasoning: Justice Parker did not participate in the decision.