City of Statesville v. Anderson

The only issue for determination by the jury was the amount of compensation to which defendant was entitled.

The court instructed the jury: “Now, members of the jury, the court instructs you that under the estate sought to be acquired by the plaintiff that the defendant would have the right at any time prior to the asserting of the easement acquired to remove from the premises the house that has been described as being on the property, or being on the line of the property. The court instructs you that at any time prior to asserting the rights sought to be acquired by the plaintiff that the…