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STATE HIGHWAY COM'N v. RALEIGH FARMERS MARKET, INC.

No. 466.

139 S.E.2d 904 (1965)

263 N.C. 622

STATE HIGHWAY COMMISSION v. RALEIGH FARMERS MARKET, INC., Raleigh Savings & Loan Association and L. N. West and wife, Betsey John H. West.

Supreme Court of North Carolina.

January 29, 1965.

Attorney(s) appearing for the Case

Manning, Fulton & Skinner, and Jack P. Gulley, Raleigh, for defendant appellants.

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Harrison Lewis, Trial Atty. Henry T. Rosser; Young, Moore & Henderson, Raleigh, by Assoc. Counsel J. Allen Adams, Raleigh, for State Highway Comm.

RODMAN, Justice.

Plaintiff does not challenge, as premature, the appeal from the order purporting to settle the issues. Each party offered evidence to support its position on the question of compensation because of the closing of Race Track Road. In substance, the action of the parties amounted to a waiver of a jury trial; and the order was equivalent to a nonsuit with respect to Farmers prayer for affirmative relief.<...

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