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REYNOLDS v. J. C. CRITCHER, INC.

No. 103.

123 S.E.2d 738 (1962)

256 N.C. 309

Bessie Lee REYNOLDS v. J. C. CRITCHER, INC., and Asheville Contracting Co., Inc., and Nello L. Teer Co. Michael G. REYNOLDS v. J. C. CRITCHER, INC., and Asheville Contracting Co., Inc., and Nello L. Teer Co.

Supreme Court of North Carolina.

February 2, 1962.

Attorney(s) appearing for the Case

Buckmaster, White, Mindel & Clarke, Samuel D. Hill, Baltimore, Md., Coward & Coward, Sylva, Styles & Styles, Asheville, for plaintiffs.

Uzzell & DuMont, Asheville, for appellee J. C. Critcher, Inc.

Williams, Williams & Morris, Asheville, for appellee Asheville Contracting Co., Inc.

Ward & Bennett, Asheville, for appellee Nello L. Teer Co.

DENNY, Justice.

The crucial question to be determined on this appeal is whether the defendants, or any of them, were under a duty, imposed by the terms of their contracts with the State Highway Commission, or by statutory or other legal provision, to maintain Dark Ridge Road in a safe condition at the time of the plaintiffs' accident.

It is provided in Article Two of the contracts of both Nello L. Teer Company and J. C. Critcher, Inc., with the State Highway...

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