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SHERRILL v. N. C. STATE HIGHWAY COMMISSION

No. 455.

142 S.E.2d 653 (1965)

264 N.C. 643

J. C. SHERRILL and Cleo C. Sherrill, Petitioners, v. N. C. STATE HIGHWAY COMMISSION, and Jefferson Standard Life Insurance Company, Respondents.

Supreme Court of North Carolina.

June 18, 1965.

Attorney(s) appearing for the Case

Carswell & Justice, Charlotte, and Hugh G. Mitchell, Statesville, for petitioner appellants.

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. Harrison Lewis, Trial Atty., Henry T. Rosser and R. A. Hedrick, Assoc. Counsel, Statesville, for respondent appellee State Highway Commission.

BOBBITT, Justice.

Petitioners' allegations, summarized, are set forth below.

Petitioners purchased said lot and building in 1950. The Highway Commission, for many years prior to 1950, had complete control and custody and responsibility for the proper maintenance of said street (highway) in front of said realty. It maintained said street over an artificial fill across a creek. The creek flowed east, passed under the fill through a culvert; and east of said...

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