TENNESSEE-CAROLINA TRANSP. v. STRICK CORP.

No. 32.

223 S.E.2d 346 (1976)

289 N.C. 587

TENNESSEE-CAROLINA TRANSPORTATION, INC. v. STRICK CORPORATION.

Supreme Court of North Carolina.

April 6, 1976.


Attorney(s) appearing for the Case

Welling & Miller by George J. Miller and Charles M. Welling, Kennedy, Covington, Lobdell & Hickman by Hugh L. Lobdell, Charlotte, for defendant-appellant.

Wallace S. Osborne, William J. Waggoner, Robert D. McDonnell, Charlotte, for plaintiff-appellee.


BRANCH, Justice.

Defendant contends that the trial judge's ruling denying the taking of Mr. Aseff's deposition resulted in a denial of his constitutional right to due process because he was denied the right to present competent evidence in defense to plaintiff's claim. We do not agree. Defendant did not raise this question in the court below and we do not ordinarily consider constitutional questions which were not raised and passed upon in the court below. Bland...

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