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SMITH v. STATE HIGHWAY COMMISSION

No. 603.

126 S.E.2d 87 (1962)

257 N.C. 410

B. E. SMITH and wife, Electa C. Smith, Petitioners, v. STATE HIGHWAY COMMISSION, Respondent.

Supreme Court of North Carolina.

June 15, 1962.

Attorney(s) appearing for the Case

Atty. Gen., T. W. Bruton, Asst. Atty. Gen., Harrison Lewis, Trial Atty., Andrew McDaniel, Raleigh, and Hoyle, Boone, Dees & Johnson, by T. C. Hoyle, Jr., Greensboro, for respondent-appellant.

Jordan J. Frassineti and Sapp & Sapp, by Armistead W. Sapp, Greensboro, for petitioners-appellees.

PARKER, Justice.

The State Highway Commission assigns as error the denial by the court of its motion for judgment of compulsory nonsuit made at the close of petitioners' evidence— the respondent offered no evidence. G.S. § 1-183. In denying the motion the court committed reversible error.

The State Highway Commission is an unincorporated governmental agency of the State of North Carolina, charged with the duty of exercising certain administrative...

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