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STATE HIGHWAY COMMISSION v. YARBOROUGH

No. 6916SC427.

170 S.E.2d 159 (1969)

6 N.C. App. 294

STATE HIGHWAY COMMISSION, Plaintiff v. E. P. YARBOROUGH, Administrator of the Estate of Zula Mathews and William E. Mathews, Attorney in Fact, Defendant.

Court of Appeals of North Carolina.

October 22, 1969.

Attorney(s) appearing for the Case

Harrison Lewis, Deputy Atty. Gen., Charles M. Hensey, Trial Atty., and Claude W. Harris, Trial Atty., for the State Highway Commission.

Mason, Williamson & Etheridge by James W. Mason, and Kennieth S. Etheridge, Laurinburg, for defendant appellee.

GRAHAM, Judge.

The trial court did not instruct the jury that they were not to consider the question of interest in determining damages since it would be added by the court to their verdict. No special request was made for such an instruction but the plaintiff nevertheless insists that the court's failure to so charge was error.

Since the enactment of G.S. § 136-113 in 1959, it has been the duty of the court to add interest to an award of damages for...

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