Rhyne v. Town of Mount Holly

Apparently, plaintiff abandoned his alleged second cause of -action. In any event, plaintiff’s evidence as to damages did not relate to defendant’s alleged failure to remove “said unsightly pile” from plaintiff’s lot.

There was no exception to the issues as submitted, nor does it appear that either party tendered any other ¡issue (s).

It i-s well established that an -appeal follows the theory of the trial. Pegg v. Gray, 240 N.C. 548, 555, 82 S.E. 2d 757; Strong, North Carolina Index, Yol. 1, Appeal and Error § 1, and cases cited.

While other elements of damages are referred to in plaintiff’s…