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STRICKLAND v. SHEW

No. 171.

134 S.E.2d 137 (1964)

261 N.C. 82

James T. STRICKLAND v. Richard A. SHEW.

Supreme Court of North Carolina.

January 17, 1964.

Attorney(s) appearing for the Case

Poisson, Marshall, Barnhill & Williams, Wilmington, for plaintiff appellant.

Aaron Goldberg and John J. Burney, Wilmington, for defendant appellee.

SHARP, Justice.

At all times pertinent to a decision of this case Robin Hood Drive was not a public road. While the State Highway Commission is now maintaining it, the rights and liabilities of the parties are to be determined by their deed and not the rules applicable to a governmental agency when it opens or changes the grade of an existing street or highway. See Smith v. Highway Commission, 257 N.C. 410, 126 S.E...

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