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

No. 379.

100 S.E.2d 514 (1957)

247 N.C. 171

D. H. TUCKER v. NORTH CAROLINA STATE HIGHWAY & PUBLIC WORKS COMMISSION.

Supreme Court of North Carolina.

November 20, 1957.

Attorney(s) appearing for the Case

George B. Patton, Atty. Gen., R. Brookes Peters, Asst. Atty. Gen., Parks H. Icenhour, Staff Atty., Raleigh, for the State.

Gaither M. Beam, Louisburg, for plaintiff, appellee.

HIGGINS, Justice.

The defendant brings the case here upon the ground the trial court, as stated in the brief, "erred not only in refusing a proper judgment, but also in entering an order remanding the cause to the Industrial Commission when the decision and order of the Commission should have been affirmed. Not only did his Honor refuse the tendered judgment but entered an order allowing plaintiff to amend his affidavit to name R. W. Moore as the negligent employee...

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