GALLOWAY v. DEPARTMENT OF MOTOR VEHICLES

No. 17.

57 S.E.2d 799 (1950)

231 N.C. 447

GALLOWAY et al. v. DEPARTMENT OF MOTOR VEHICLES, STATE HIGHWAY PATROL. DAVIS et al. v. DEPARTMENT OF MOTOR VEHICLES, STATE HIGHWAY PATROL.

Supreme Court of North Carolina.

March 1, 1950.


Attorney(s) appearing for the Case

E. C. Bryson, Durham, T. D. Bryson, Jr., Franklin, McKinley Edwards, Bryson City, for plaintiffs, appellees.

Harry McMullan, Attorney General, James E. Tucker, Peyton Abbott, Assistant Attorneys General, for defendant, appellant.


SEAWELL, Justice.

Although the final award of the Industrial Commission denying compensation to the above claimants, using identical language in each case, was expressly predicated on the legal conclusion that they had exceeded their authority in using an airplane in attempted reconnoiter to locate the person they intended to apprehend, and not upon their want of authority to make the arrest (and the main argument here is still pitched on that ground), counsel insists...

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