Benfield v. Troutman

HEDRICK, Judge.

Plaintiff first contends .“[t]he trial court erred in denying plaintiff’s motion for further hearing in order to present rebuttal testimony.”

The motion for a further hearing in which to present rebuttal testimony was addressed to the sound discretion of the deputy commissioner and his ruling thereon is not reviewable on appeal absent a showing of abuse of discretion. Harris v. Construction Co., 10 N.C. App. 413, 179 S.E. 2d 148 (1971); Mason v. Highway Commission, 273 N.C. 36, 159 S.E. 2d 574 (1968).

Plaintiff did not show in his motion the nature of the rebuttal testimony or…