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DEPARTMENT OF TRANSP v. FLEMING

No. 9230SC1086.

436 S.E.2d 407 (1993)

112 N.C. App. 580

DEPARTMENT OF TRANSPORTATION, Plaintiff, v. Ralph W. FLEMING, and Severa Fleming, Defendants.

Court of Appeals of North Carolina.

November 16, 1993.

Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Charlie C. Walker, Asheville, for plaintiff-appellant.

Holt, Bonfoey, Brown & Queen, P.A. by Richlyn D. Holt and H.S. Ward, Jr., Waynesville, for defendants-appellees.

EAGLES, Judge.

Plaintiff's only assignment of error is that the trial court erred in allowing defense witnesses Mease and McClure to give an opinion regarding the value of defendants' land because their opinions were based entirely on the net income from the operation of defendants' plumbing business. We agree and reverse the judgment of the trial court and remand for a new trial.

The general rule, subject to some limited exceptions not applicable here, is...

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