MIDGETT v. NORTH CAROLINA STATE HIGHWAY COM'N

No. 33.

144 S.E.2d 121 (1965)

265 N.C. 373

Jethro MIDGETT, Jr. v. NORTH CAROLINA STATE HIGHWAY COMMISSION. Mattie MIDGETT v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

September 29, 1965.


Attorney(s) appearing for the Case

Frank B. Aycock, Jr., and Robert B. Lowry, Elizabeth City, for plaintiffs.

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, Staff Atty. T. Buie Costen, Raleigh, Asst. Atty. Gen. Andrew McDaniel and Gerald White, Elizabeth City, for defendant.


MOORE, Justice.

The two cases, above entitled, were consolidated for trial. Plaintiffs allege that defendant, State Highway Commission, in the manner in which it constructed a highway, created a continuing nuisance which has caused permanent damage to their real estate, and by means thereof defendant has appropriated their property for a public purpose, for which they are entitled to compensation.

The Jethro Midgett, Jr., case was here at the Fall Term 1963...

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