Legal Opinion
Sherrill v. N. C. State Highway Commission
Supreme Court of North Carolina
Decided June 18, 1965No. 455PublishedCited by 6 opinions
1Opinion of the CourtBobbitt, J.
Petitioners’ allegations, summarized, are set forth below.
Petitioners purchased said lot and building in 1950. The Highway Commission, for many years prior to 1950, had complete control and custody and responsibility for the proper maintenance of said street (highway) in front of said realty. It maintained said street over an artificial fill across a creek. The creek flowed east, passed under the fill through a culvert; and east of said street and culvert flowed approximately ten feet south of petitioners’ south property line.
After petitioners had purchased said realty, the waters draining…
2Cases cited15 opinions
- Sale v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1955
- Midgett v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1963
- McKinney v. City of High PointSupreme Court of North Carolina · 1953
- Guilford Realty & Insurance Co. v. Blythe Bros. Co.Supreme Court of North Carolina · 1963
- Schloss v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1949
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3Cited by6 opinions
- Atlantic Coast Line Railroad v. State Highway CommissionSupreme Court of North Carolina · 1966
- Nello L. Teer Co. v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1965
- Midgett v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1965
- State Highway Commission v. LA REYNOLDS COMPANYSupreme Court of North Carolina · 1968
- Lyerly v. North Carrolina State Highway CommissionSupreme Court of North Carolina · 1965
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