Mason v. North Carolina State Highway Commission

In my opinion the Industrial Commission erred in sustaining defendant’s plea of res judicata and dismissing plaintiffs’ claims instituted on 26 April 1968.

The Industrial Commission stated that the reason for dismissing the former claims was that plaintiffs alleged negligence on the part of K. M. Duncan, defendant’s maintenance supervisor in Durham County, and “[t]here being no evidence of a negligent act on the part of Duncan, plaintiffs’ claim must be denied.”

In Lumber Co. v. Hunt, 251 N.C. 624, 112 S.E. 2d 132, in an opinion by Parker, J. (later C.J.), and quoted with approval by us in…