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WRAPE v. NORTH CAROLINA STATE HIGHWAY COMMISSION

No. 533.

139 S.E.2d 570 (1965)

263 N.C. 499

J. H. WRAPE v. NORTH CAROLINA STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

January 15, 1965.

Attorney(s) appearing for the Case

Miller & Beck, by G. E. Miller, Thomas L. O'Briant, Asheboro, for plaintiff appellee.

T. W. Bruton, Atty.Gen., Harrison Lewis, Asst. Atty.Gen., John W. Twisdale, Staff Atty., Andrew McDaniel, Trial Atty., Raleigh, for defendant appellant.

HIGGINS, Justice.

The parties stipulated the construction work on Highway #49 was completed in accordance with the plans and specifications of the Highway Commission and pursuant to its contract. A tort claim, therefore, must be based on faulty plans or faulty specifications. Consequently, a showing of negligence on the part of a designated highway agent in making the plans or in preparing the specifications, is necessary before an award may be made against the State...

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