HUDSON v. BOARD OF TRANSPORTATION

No. 758SC42.

213 S.E.2d 440 (1975)

25 N.C. App. 435

Edward C. HUDSON and wife, Nellie L. Hudson v. BOARD OF TRANSPORTATION (Substituted Defendant for State Highway Commission).

Court of Appeals of North Carolina.

April 16, 1975.


Attorney(s) appearing for the Case

Dees, Dees, Smith, Powell & Jarrett by William L. Powell, Jr. and William A. Dees, Jr., Goldsboro, for plaintiffs-appellants.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Claude W. Harris and Associate Atty. Robert W. Kaylor, Raleigh, for defendant-appellee.


HEDRICK, Judge.

By their one assignment of error, plaintiffs contend the court erred in concluding that they have no direct access to the "ramp" constructed on the right-of-way abutting their property.

Since plaintiffs' two lots were a part of a larger undivided tract of land when John M. Davis and his wife granted the right-of-way to the defendant over which the ramp was constructed, plaintiffs' rights of access to the ramp, if any, obviously are controlled...

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