NORTH CAROLINA STATE HIGHWAY COM'N v. ENGLISH

No. 7328SC601.

200 S.E.2d 429 (1973)

20 N.C. App. 20

NORTH CAROLINA STATE HIGHWAY COMMISSION v. Catherine R. ENGLISH and Dixie C. English.

Court of Appeals of North Carolina.

November 28, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. Alfred N. Salley, Raleigh, for plaintiff.

Bennett, Kelly & Long by Robert B. Long, Jr., Asheville, for defendants.


BROCK, Chief Judge.

Defendants argue that they have been deprived of sight distance along Sweeten Creek Road, looking from the south towards their remaining property and looking towards the south from their remaining property, by the "fill" necessary to allow Interstate 40 to pass over Sweeten Creek Road. Upon this argument they assign as error that the trial judge failed to instruct the jury in accordance with the first sentence of G.S. § 136-89...

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