BROWNING v. NORTH CAROLINA STATE HIGHWAY COM'N

No. 394.

139 S.E.2d 227 (1964)

263 N.C. 130

Bernice BROWNING v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

December 16, 1964.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Harrison Lewis, Trial Atty. Millard R. Rich, Jr., Raleigh, Blackwell, Blackwell, Canady & Eller, Winston-Salem, for defendant appellee Commission.

Elledge & Mast, Winston-Salem, for plaintiff appellant.


DENNY, Chief Justice.

The rather careless and haphazard manner in procuring rights of way, together with the lack of clarity and accurateness in the preparation of right of way agreements by the Commission through the years, has been a source of much litigation.

The court below held that the Commission obtained by purchase from Pernelia C. Browning on 7 April 1949, a right of way 50 feet from the center of Highway 52 as it existed in 1949, and that because...

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