Wescott v. State Highway Commission

G.S. 136-108, on which respondent relies to defeat petitioner’s asserted right of jury trial, has no application to the question presented for decision. That section is a part of Art. 9, c. 136 of the General Statutes. It was enacted in 1959, c. 1025, S. L. 1959. By express provision of the enacting statute, sections 3 and 4, it applies only to proceedings begun subsequent to July 1, 1960. Barnes v. Highway Commission, 257 N.C. 507, 126 S.E. 2d 732.

This proceeding, begun March 1, 1960, is governed by the provisions of G.S. 136-19, as it read on the date summons issued. The controlling…