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WESCOTT v. STATE HIGHWAY COMMISSION

No. 22.

138 S.E.2d 133 (1964)

262 N.C. 522

G. T. WESCOTT, Petitioner, v. STATE HIGHWAY COMMISSION, Respondent.

Supreme Court of North Carolina.

September 23, 1964.

Attorney(s) appearing for the Case

Frank B. Aycock, Jr., and Worth & Horner, Elizabeth City, for appellant.

T. W. Bruton, Atty. Gen., Harrison Lewis, Asst. Atty. Gen., Henry T. Rosser, Raleigh, Aydlett & White, Elizabeth City, for appellee.

RODMAN, Justice.

G.S. § 136-108, on which respondent relies to defeat petitioner's asserted right of jury trial, has no application to the question presented for decision. That section is a part of Art. 9, c. 136 of the General Statutes. It was enacted in 1959, c. 1025, S.L.1959. By express provision of the enacting statute, sections 3 and 4, it applies only to proceedings begun subsequent to July 1, 1960. Barnes v. North Carolina State Highway Commission,

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