RAMSEY v. STATE DEPT. OF TRANSP. & HWY. SAFETY

No. 8330SC477.

313 S.E.2d 909 (1984)

Frank RAMSEY and wife Dorothy Jean Ramsey v. STATE of North Carolina DEPARTMENT OF TRANSPORTATION AND HIGHWAY SAFETY.

Court of Appeals of North Carolina.

April 17, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sr. Deputy Atty. Gen. Eugene A. Smith and Asst. Atty. Gen. Guy A. Hamlin, Raleigh, for the State.

Pachnowski & Collins, P.A. by Joseph A. Pachnowski, Bryson City, for plaintiffs-appellees.


HILL, Judge.

Defendant contends the court erred in denying his motion to dismiss at the conclusion of plaintiff's evidence and again at the close of all the evidence. Because defendant presented sufficient evidence that Parker Street was dedicated to and accepted for public use and an abandonment of Parker Street never occurred, we hold that the trial court erred in denying defendant's motion to dismiss at the close of all the evidence.

There is ample evidence...

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