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TAYLOR v. ASKEW

No. 722SC526.

195 S.E.2d 316 (1973)

17 N.C. App. 620

J. T. TAYLOR, Jr., and wife Dora W. Taylor, Petitioners, v. Joe ASKEW et al., Respondents.

Court of Appeals of North Carolina.

March 28, 1973.

Attorney(s) appearing for the Case

David S. Henderson, New Bern, for petitioner appellants.

Wilkinson, Vosburgh & Thompson by John A. Wilkinson, Washington, for respondent appellees.

PARKER, Judge.

The statute, G.S. § 136-69, which authorizes in certain cases the condemnation of a cartway for the benefit of one land owner over the lands of his neighbor, is in derogation of the rights of the owner of the land over which the cartway is to be established and must be strictly construed. Brown v. Glass, 229 N.C. 657, 50 S.E.2d 912; Warlick v. Lowman, 104 N.C. 403, 10 S.E. 474. Accordingly, it is well...

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