Legal Opinion
Nello L. Teer Co. v. North Carolina State Highway Commission
Supreme Court of North Carolina
Decided July 23, 1965No. 536PublishedCited by 44 opinions
1Opinion of the CourtBobbitt, J.
Decision on this appeal requires construction of the statute under which Teer initiated this proceeding. This statute, while no longer a part of our: statutory law, is applicable to the present litigation. It must be considered and construed in the context of well established legal principles stated below.
Absent waiver, the State is immune from suit. Smith v. Hefner, 235 N.C. 1, 6, 68 S.E. 2d 783; Ferrell v. Highway Commission, 252 N.C. 830, 833, 115 S.E. 2d 34. It is noted that the provisions of Section 9, Article ÍV, of the Constitution of North Carolina of 1868, relating to claims against…
2Cases cited22 opinions
- Miller v. McKinnonCalifornia Supreme Court · 1942
- Smith v. HefnerSupreme Court of North Carolina · 1952
- Guest v. Brenner Iron & Metal CompanySupreme Court of North Carolina · 1955
- McGill v. Town of LumbertonSupreme Court of North Carolina · 1939
- Askew v. LEONARD TIRE COMPANYSupreme Court of North Carolina · 1965
17 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Smith v. StateSupreme Court of North Carolina · 1976
- Guthrie v. North Carolina State Ports AuthoritySupreme Court of North Carolina · 1983
- Data General Corp. v. County of DurhamCourt of Appeals of North Carolina · 2001
- Atlantic Coast Line Railroad v. State Highway CommissionSupreme Court of North Carolina · 1966
- Ayscue v. N. C. State Highway CommissionSupreme Court of North Carolina · 1967
39 more not listed; retrieve them via the Exa API.