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SIMMONS v. NORTH CAROLINA STATE HIGHWAY & P. W. COM'N

No. 308.

78 S.E.2d 308 (1953)

238 N.C. 532

SIMMONS v. NORTH CAROLINA STATE HIGHWAY & PUBLIC WORKS COMMISSION.

Supreme Court of North Carolina.

November 4, 1953.

Attorney(s) appearing for the Case

Taylor & Allen, and Lindsay C. Warren, Jr., Goldsboro, for plaintiff, appellant.

R. Brooks Peters, General Counsel, E. W. Hooper, Raleigh, Legal Department North Carolina State Highway & Public Works Commission, for respondent, appellee.

DEVIN, Chief Justice.

The plaintiff, dissatisfied with the result of the trial below, has brought the cause here for review and asks for a new trial on the ground that the court erred in the instructions given to the jury, and that the verdict was improperly influenced thereby.

1. The plaintiff complains that the court in charging the jury used the following language to which she excepted:

"It must be admitted as a matter of common knowledge that...

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