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NICHOLAS v. SALISBURY HARDWARE AND FURNITURE CO.

No. 523.

103 S.E.2d 837 (1958)

248 N.C. 462

Dan NICHOLAS v. SALISBURY HARDWARE AND FURNITURE COMPANY.

Supreme Court of North Carolina.

June 4, 1958.

Attorney(s) appearing for the Case

Hayden Clement and D. A. Rendleman, Salisbury, for plaintiff, appellee.

H. Nelson Woodson, Salisbury, for defendant, appellant.

PARKER, Justice.

The defendant assigns as error the refusal of the trial court to submit to the jury the following issue tendered by it: "Is the property described in the complaint a public alley, as alleged in the answer?" The defendant further assigns as error this part of the charge: "The court holds as a matter of law upon the evidence that the alleyway in controversy is not a public road."

The defendant asserted...

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