Freedle v. Moorefield

BRITT, Judge.

We think this case is controlled by Lee v. Rhodes, 227 N.C. 240, 41 S.E. 2d 747 (1947) and Highway Commission v. Rowson, 5 N.C. App. 629, 169 S.E. 2d 132 (1969). No worthwhile purpose would be served in repeating the reasoning and citing again the authorities set forth in those opinions.

Appropriate to this case are the following comments by Justice (later Chief Justice) Denny in Lee v. Rhodes, supra: “The conduct of the plaintiff, if considered in its most favorable light, does not appeal to the conscience of the Court. Even so, the record presents for our consideration and…