RHYNE v. TOWN OF MOUNT HOLLY

No. 176.

112 S.E.2d 40 (1960)

251 N.C. 521

Henry A. RHYNE v. TOWN OF MOUNT HOLLY, a Municipal Corporation.

Supreme Court of North Carolina.

January 14, 1960.


Attorney(s) appearing for the Case

Fairley & Hamrick and Jack T. Hamilton, Charlotte, for plaintiff, appellee.

Childers & Fowler, Mount Holly, for defendant, appellant.


BOBBITT, Justice.

Apparently, plaintiff abandoned his alleged second cause of action. In any event, plaintiff's evidence as to damages did not relate to defendant's alleged failure to remove "said unsightly pile" from plaintiff's lot.

There was no exception to the issues as submitted, nor does it appear that either party tendered any other issue(s).

It is well established that an appeal follows the theory of the trial. Pegg v. Gray, ...

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