Pickett v. Carolina & Northwestern Railway

When the State Highway Commission takes over a public street in an incorporated town for the purpose of constructing and maintaining same as a link in the State highway system, is such town thereby relieved from all liability for negligence to persons using said street ?

As the State Highway Commission is a State agency it is not liable for negligence resulting in personal injury or death. Carpenter v. R. R., 184 N. C., 400. Hence, if the town of Newton is not liable, then the motion for nonsuit as to it should have been granted.

A municipality owes certain specific and nondelegable duties to…