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MOORE v. CLARK

No. 311.

70 S.E.2d 182 (1952)

235 N.C. 364

MOORE et ux. v. CLARK et al.

Supreme Court of North Carolina.

April 9, 1952.

Attorney(s) appearing for the Case

Albion Dunn, Greenville, for original defendants, appellants.

R. Brookes Peters, General Counsel for State Highway & Public Works Commission, Raleigh.

ERVIN, Justice.

These propositions are well settled:

1. The State Highway and Public Works Commission is a State agency or instrumentality, and as such exercises various governmental functions, including that of supervising the construction and maintenance of state and county public roads. G.S. §§ 136-1, 136-18, and 136-51. In consequence, it is not subject to suit except in the manner provided by statute. G.S. § 136-19; Schloss v. State Highway...

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