#### EARL BUCHANAN, JR., Administrator of the Estate of LYNN BUCHANAN, Deceased, v. DICKERSON, INCORPORATED.

(Filed 27 September, 1950.)

Appeal by defendant from Rousseau, J., 7 June, 1950. From Buther-EORD.

Affirmed.

Tbis was an action to recover damages for tbe wrongful death of plaintiff’s intestate alleged to bave been caused by negligence on tbe part of tbe defendant while engaged in resurfacing a highway undef contract with tbe State Highway and Public Works Commission. It was alleged that tbe death of plaintiff’s intestate, who was a passenger in an automobile being driven over tbe highway, proximately resulted from defendant’s negligence.

Defendant in apt time moved to strike certain portions of tbe complaint. Tbe motion was allowed in part and in other particulars denied. Defendant excepted and appealed.

Hamrick & Hamrick and Sidney L. Truesdale for plaintiff, appellee.

Smothers ■& Meekins for defendant, appellant.

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.