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ARRINGTON v. PUBLIC SERV. CO. OF NORTH CAROLINA

No. 749SC859.

211 S.E.2d 819 (1975)

24 N.C. App. 631

W. L. ARRINGTON v. PUBLIC SERVICE COMPANY OF NORTH CAROLINA.

Court of Appeals of North Carolina.

February 19, 1975.

Attorney(s) appearing for the Case

Nye, Mitchell & Bugg by John E. Bugg, Durham, for plaintiff.

Bryant, Lipton, Bryant & Battle, P. A. by Victor S. Bryant, Jr., Durham, for defendant.

CLARK, Judge.

Those facts to which plaintiff does not except are presumed supported by the evidence. They provide some of the illuminating circumstances surrounding the issue to be decided. Those findings to which plaintiff does except are conclusive on appeal if there is evidence to support them, just as would a verdict of the jury; and this is so even though the evidence might sustain findings to the contrary. Higgins v. Builders and Finance, Inc.,

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