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LYDAY v. SOUTHERN RAILWAY COMPANY

No. 95.

117 S.E.2d 778 (1961)

253 N.C. 687

Paul Edward LYDAY v. SOUTHERN RAILWAY COMPANY and E. C. Kerstein.

Supreme Court of North Carolina.

January 20, 1961.

Attorney(s) appearing for the Case

Williams, Williams & Morris, James N. Golding, Asheville, for plaintiff-appellant.

W. T. Joyner, Raleigh, Ward & Bennett, Asheville, for defendant-appellee.

DENNY, Justice.

The plaintiff insists that the permit introduced in evidence was not for the removal of his trailer. Be that as it may, there is no evidence introduced in the trial below tending to show that the plaintiff or his agent, Revell, obtained any permit to move the plaintiff's trailer over Jim's Branch Road. Furthermore, there is no contention on the part of the plaintiff that any such permit was ever requested or obtained for such purpose. The permit obtained...

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