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KAPLAN v. CITY OF WINSTON-SALEM

No. 27.

209 S.E.2d 743 (1974)

286 N.C. 80

Leon KAPLAN and wife, Renee M. Kaplan, trading as Tiny Town v. CITY OF WINSTON-SALEM.

Supreme Court of North Carolina.

November 26, 1974.

Attorney(s) appearing for the Case

Hudson, Petree, Stockton, Stockton & Robinson by Norwood Robinson and George L. Little, Jr., Winston-Salem, for plaintiffs-appellants.

Deal, Hutchins & Minor by William K. Davis and Thomas R. Crawford, Winston-Salem, for defendant-appellee.

HIGGINS, Justice.

The Court of Appeals ordered a new trial on all issues on the assigned ground that the trial court's instructions permitted the jury to consider the retail value of the damaged merchandise in fixing the amount of damages the plaintiffs were entitled to recover. While the court in the charge recited to the jury the respective contentions and claims of the parties respecting the amount of damages resulting from the defendant's acts of negligence and...

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