Carlyle v. State Highway Commission

I have an abiding confidence that soon or late the Court will recede from the position first taken in the Newton case and repeated and extended in principle here. The two cases are at variance with the public policy of the State as established by a long line of decisions, extending over a,period of more than half a century. Brodnax v. Groom, 64 N. C., 244, decided in 1810, and followed in probably as many as two hundred cases since. See Shepard’s Citations and Allen’s Reported and Cited Cases, 1926.

It is no duty of the courts to supervise, or to control, the discretionary powers of…