Davis v. North Carolina State Highway Commission

Defendant moved to strike from the complaint and reply the allegations that it had unnecessarily and fraudulently deprived plaintiffs of their property two years before it was required for highway purposes, and that plaintiffs were entitled to compensatory and punitive damages for the loss of its use. This was equivalent to a demurrer to that purported cause of action, and the effect of Judge Martin’s order allowing the motion was to sustain the demurrer. Insurance Co. v. Bottling Co., 268 N.C. 503, 151 S.E. 2d 14; Williams v. Hospital Asso., 234 N.C. 536, 67 S.E. 2d 662. Rule 4(a) of this…