(DOWNLOAD) "Wrape v. North Carolina State Highway Commission" by Supreme Court of North Carolina " Book PDF Kindle ePub Free
eBook details
- Title: Wrape v. North Carolina State Highway Commission
- Author : Supreme Court of North Carolina
- Release Date : January 15, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The parties stipulated the construction work on Highway #49 was completed in accordance with the plans and specifications of the Highway Commission and pursuant to its contract. A tort claim, therefore, must be based on faulty plans or faulty specifications. Consequently, a showing of negligence on the part of a designated highway agent in making the plans or in preparing the specifications, is necessary before an award may be made against the State Highway Commission. The Tort Claims Act (G.S. 143-297) provides: ""That the claim must contain . . . (2) the name of the department, institution, or agency of the State against which the claim is asserted and the name of the State employee upon whose negligence the claim is based."" Floyd v. Highway Commission, 241 N.C. 461, 85 S.E.2d 703.