NORTH CAROLINA STATE HIGHWAY COM'N v. GAMBLE

No. 7026SC450.

177 S.E.2d 434 (1970)

9 N.C. App. 618

NORTH CAROLINA STATE HIGHWAY COMMISSION v. Wallace M. GAMBLE, Single, Joseph G. Gamble, Jr. and wife, Mrs. Joseph G. Gamble, Jr., Wayne W. Gamble and wife, Sue M. Gamble, Hilda Gamble Grosse and husband, William M. Grosse, Laura M. Gamble, Single, Mary E. Gamble, Single, and Connie W. Gamble, Widow, and Duke Power Company, Additional Defendant.

Court of Appeals of North Carolina.

November 18, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. R. Bruce White, Jr., Asst. Atty. Gen. I. B. Hudson, Jr., and Staff Attorney Lester Chalmers, Jr., Raleigh, for the North Carolina State Highway Commission, appellant.

William I. Ward, Jr., Charlotte, for additional defendant Duke Power Company, appellant.

Harkey, Faggart, Coira & Fletcher by Harry E. Faggart, Jr., Charlotte, for original defendants, appellees.


MALLARD, Chief Judge.

The plaintiff Highway Commission and the additional defendant Duke contend that the trial judge committed error in finding as a fact and concluding as a matter of law that the property of the original defendants extended to the eastern margin of the right-of-way line of U. S. Highway No. 21 as it existed on 19 March 1962 and on the date of the taking.

The description of the tract which original defendants contend includes the 21-foot...

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