HARRIS v. BRIDGES

No. 8127SC1251.

296 S.E.2d 299 (1982)

Pinkney Leck HARRIS v. James Daniel BRIDGES, B & P Motor Lines, Inc. and Michael Edward Vaughn.

Court of Appeals of North Carolina.

October 19, 1982.


Attorney(s) appearing for the Case

Frank Patton Cooke by James R. Carpenter, Gastonia, for plaintiff-appellant.

Hollowell, Stott, Hollowell, Palmer & Windham by Grady B. Stott, Gastonia, for defendants-appellees.


VAUGHN, Judge.

Plaintiff's first assignment of error is in two parts. Plaintiff argues first that the trial court committed prejudicial error by denying plaintiff's motion to amend to conform to the evidence. Although the amendment should have been allowed, denial of the motion does not affect the result we must reach on the appeal. According to G.S. 1A-1, Rule 15(b):

When issues not raised by the pleadings are tried by the express or implied consent of the...

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