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STATE HIGHWAY COMMISSION v. PHILLIPS

No. 621.

148 S.E.2d 282 (1966)

267 N.C. 369

STATE HIGHWAY COMMISSION v. Katherine McDowell PHILLIPS and husband, Parker Phillips and John M. McDowell.

Supreme Court of North Carolina.

May 25, 1966.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, Trial Atty. Claude W. Harris, and Staff Atty. T. Buie Costen, for plaintiff.

H. Wade Yates, Asheboro, for defendants.

EMERY B. DENNY, Emergency Justice.

We think it is apparent from the record that the court below excluded the defendants' evidence with respect to the existence of a road at the time of the taking, over which these defendants had access to their premises, because the access road, if any, was not a State-maintained public highway.

After the court had sustained the plaintiff's objection to the defendants' proffered evidence with respect to the existence of a...

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