CITY OF WINSTON-SALEM v. HOOTS CONCRETE

No. 7921SC1198.

267 S.E.2d 569 (1980)

CITY OF WINSTON-SALEM, Plaintiff, and Charlie Brown, Catherine Brown, Albert Palmer, Gladys Palmer, Vashti McNeal, and the Neighborhood Council of Piney Grove Community, Intervenors, v. HOOTS CONCRETE COMPANY, INC., Defendant.

Court of Appeals of North Carolina.

July 1, 1980.


Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice by Roddey M. Ligon, Jr. and Anthony H. Brett; Pfefferkorn & Cooley by William G. Pfefferkorn and J. Wilson Parker, Winston-Salem, for plaintiff.

Hutchins, Tyndall, Bell, Davis & Pitt by Fred S. Hutchins, Jr.; Booe, Mitchell, Goodson & Shugart by William S. Mitchell, Winston-Salem, for defendant.


VAUGHN, Judge.

Defendant contends the issues as submitted were not broad enough to embrace all the relevant evidence and questions involved. It further contends it was improper to submit the first and second issues because those issues were not controverted in the pleadings, were unnecessary and were confusing to the jury. Defendant submitted three alternative issues that essentially required the jury to decide whether defendant's operation was in violation of the...

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