This was an action to recover damages for the wrongful death of plaintiff's intestate alleged to have been caused by negligence on the part of the defendant while engaged in resurfacing a highway under contract with the State Highway and Public Works Commission. It was alleged that the death of plaintiff's intestate, who was a passenger in an automobile being driven over the highway, proximately resulted from defendant's negligence.
Defendant in apt time moved to strike certain portions of the complaint. The motion was allowed in part and in other particulars denied. Defendant excepted and appealed.
PER CURIAM.
The defendant's exception to the ruling of the court below is without merit. Hinson v. Britt, ante, 379; Hildebrand v. Tel. Co., 216 N.C. 235, 4 S.E.2d 439; Hardy v. Dahl, 209 N.C. 746, 184 S.E. 480.
No new question is presented which requires elaboration. The judgment is
Affirmed.