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WALTON v. NORTH CAROLINA STATE HIGHWAY COMMISSION

No. 459.

130 S.E.2d 414 (1963)

259 N.C. 290

D. E. WALTON and wife, Ruby V. Walton, v. NORTH CAROLINA STATE HIGHWAY COMMISSION and Richmond Savings & Loan Association.

Supreme Court of North Carolina.

April 17, 1963.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harrison Lewis, Asst. Atty. Gen., Henry T. Rosser, Trial Atty., for respondent appellants.

Jones & Jones, Rockingham, for petitioner appellees.

PER CURIAM.

The evidence of the petitioners was ample to withstand respondent's motion for nonsuit. The issues submitted arose upon the pleadings. Respondent assigned no error to the charge on the third issue. Therefore, even if we were to concede error in the charge on the second issue—a question we need not decide—the answer to the third issue required the judgment which the court entered.

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