It shall be mandatory upon the Department of Transportation, its officers and employees, or any contractor or subcontractor employed by the said Department of Transportation, to select, lay out, maintain and keep in as good repair as possible suitable detours by the most practical route while said highways or roads are being improved or constructed, and it shall be mandatory upon the said Department of Transportation and its employees or contractors to place or cause to be placed explicit directions to the traveling public during repair of said highway or road under the process of construction. All expense of laying out and maintaining said detours shall be paid out of the State Highway Fund. (1921, c. 2, s. 11; C.S., s. 3846(s); 1933, c. 172, s. 17; 1957, c. 65, s. 11; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1.)
Notes of Decisions
Zimmer v. North Carolina Dep't of Transp., 360 S.E.2d 115 (N.C. Ct. App. 1987).
“DOT argues that while G.S. 136-25 mandates that DOT provide suitable detours while a highway or road is closed, the manner in which its employees select, design, and maintain such detours are “discretionary governmental functions” and that the State has not waived its sovereign…”
Davis v. J.M.X., Inc., 528 S.E.2d 56 (N.C. Ct. App. 2000).
· cites it 6× “Third-party plaintiffs rely on N.C. Gen. Stat. § 136-25 which provides: It shall be mandatory upon the Department of Transportation, its officers and employees, or any contractor or subcontractor employed by the said Department of Transportation, to select, lay out, maintain and…”
Dowless v. C. C. Mangum, Inc., 182 S.E.2d 828 (N.C. Ct. App. 1971).
“The shoulder gave way and caused plaintiff’s vehicle to be damaged as it rolled down the embankment. When defendant’s flagman motioned plaintiff’s driver to proceed, he had the right to assume, nothing else appearing, that the defendant had complied with the provisions of G.”
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