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FLOYD v. NORTH CAROLINA STATE HIGHWAY & P. W. COM'N

No. 665.

85 S.E.2d 703 (1955)

241 N.C. 461

Daisy O. FLOYD, Administratrix of E. L. Floyd, Deceased, v. NORTH CAROLINA STATE HIGHWAY AND PUBLIC WORKS COMMISSION.

Supreme Court of North Carolina.

February 4, 1955.

Attorney(s) appearing for the Case

R. Brookes Peters, Kenneth Wooten, Jr., Raleigh, for defendant-appellant.

DeLapp & Ward, Charles W. Mauze, Lexington, for plaintiff-appellee.

HIGGINS, Justice.

In 1951 the State, acting through its legislative branch, Chapter 1059, Session Laws 1951, waived its immunity from suit in cases where injury and damage result from the acts of negligence of its employees. The United States and some of the other states have similar statutes. The courts are not in agreement as to whether such acts should be strictly or liberally construed. Inasmuch as the acts permitting suit are in derogation of the sovereign right...

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