Shields v. State Highway Commission

The opinion of the court was delivered by

Wertz, J.:

This is a consolidation of two cases brought pursuant *343to the provisions of G. S. 1949, 68-419, to recover damages allegedly caused by a defect in a state highway. The amended petition, the demurrer thereto, and the answer of the defendant, in each case, are identical insofar as they have application to the question involved herein, and the cases will be treated as one and referred to in the singular.

This is an appeal from an order of the trial court striking a substantial portion of defendant’s defense from its answer in each case.

Appellees…