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BARNES v. NORTH CAROLINA STATE HIGHWAY COMMISSION

No. 536.

126 S.E.2d 732 (1962)

257 N.C. 507

J. B. BARNES, Petitioner, v. The NORTH CAROLINA STATE HIGHWAY COMMISSION; H. T. Butts; Hugh B. Beal, Trustee; Security National Bank of Greensboro; Standard Oil Company of New Jersey; W. O. McGibony, Trustee; The Federal Land Bank of Columbia; and Lattie D. Matthews, Executrix of the Estate of M. A. Matthews, Deceased, Respondents.

Supreme Court of North Carolina.

July 10, 1962.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harrison Lewis, Asst. Atty. Gen., Millard R. Rich, Jr., Member of Staff, Raleigh, and Bryan & Bryan, Dunn, for respondent State Highway Commission, appellant.

M. O. Lee, Lillington, Wilson & Bain and Wiley F. Bowen, Dunn, Robert B. Morgan, Lillington, for petitioner-appellee.

Robert Morgan, Lillington, for respondents Butts and Matthews, appellees.

BOBBITT, Justice.

As to the measure of damages, the court instructed the jury, inter alia, as follows: "* * * where only a part * * of a tract of land, is appropriated by the State Highway Commission for public purposes, the measure of damages in such proceeding is the difference between the fair market value of the entire tract immediately before the taking and the fair market value of what is left immediately after the taking. The items going to make up this...

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