Henredon Furniture Industries, Inc. v. SOUTHERN RAILWAY COMPANY ( 1975 )

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.

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.