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

No. 309.

103 S.E.2d 366 (1958)

248 N.C. 276

Harriet LAWSON, Administratrix of the Estate of Cleo Lawson, Deceased, v. The NORTH CAROLINA STATE HIGHWAY AND PUBLIC WORKS COMMISSION.

Supreme Court of North Carolina.

April 30, 1958.


Attorney(s) appearing for the Case

Harvey E. Beech and White & Aycock, Kinston, for plaintiff, appellant.

Atty. Gen. George B. Patton, Asst. Atty. Gen. Kenneth Wooten, Jr., and Parks H. Icenhour, Raleigh, Member of Staff, for defendant, appellee.


BOBBITT, Justice.

The court below did not rule on defendant's exceptions to findings of fact. It appears that, at the hearing in the superior court, defendant abandoned all exceptions except those directed to the two questions of law upon which the court based its judgment. Hence, as the case comes to us, we must consider the facts to be as set out in the stipulations and findings of fact.

Defendant's contention that plaintiff's sole remedy is under the Workmen...

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