Bost v. Cabarrus County
Supreme Court of North Carolina
Appeal from E. B. Jones, J., at January Term, 1910, of OABARRUS. Proceedings to recover damages caused by tbe building of a road, instituted by petition of plaintiff to tbe clerk of tbe Superior Court, 16 April, 1909. Tbe jury rendered tbe following verdict: 1. Did tbe plaintiff institute tbis proceeding to recover damages witbin six months after tbe road in controversy was completed across and over plaintiff’s lands ? Answer: Yes. 2. What damage, if any, has the plaintiff…
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Appeal from E. B. Jones, J., at January Term, 1910, of OABARRUS. Proceedings to recover damages caused by tbe building of a road, instituted by petition of plaintiff to tbe clerk of tbe Superior Court, 16 April, 1909. Tbe jury rendered tbe following verdict: 1. Did tbe plaintiff institute tbis proceeding to recover damages witbin six months after tbe road in controversy was completed across and over plaintiff’s lands ? Answer: Yes. 2. What damage, if any, has the plaintiff sustained? Answer : $150. Judgment on the verdict for plaintiff, and defendant excepted and appealed.
1Opinion of the CourtHoke, J.
Tbe order condemning the plaintiff’s land for the purpose of the proposed change in the road was made in July, 1905, undey the provisions of the act of the Legislature then controlling the matter, being chapter 420, Laws of 1903, and in reference to the assessment of damage, that act provided: “That if any person be aggrieved, he may, within six months after said change of road, or new road has been opened and completed, apply to clerk of Superior Court for an order appointing a jury to assess the damages,” etc. Prior to the filing of the present petition, and more than eighteen months before…
2Cases cited4 opinions
- Miller v. City of AshevilleSupreme Court of North Carolina · 1893
- Southport, Wilmington & Durham Railroad v. Owners of Platt LandSupreme Court of North Carolina · 1903
- Mullen v. Lake Drummond Canal & Water Co.Supreme Court of North Carolina · 1902
- Dickey v. Maysville, Washington, Paris & Lexington Turnpike Road Co.Court of Appeals of Kentucky · 1838
3Cited by23 opinions
- Durham Provision Co. v. DavesSupreme Court of North Carolina · 1925
- Wyoming State Highway Department v. NapolitanoWyoming Supreme Court · 1978
- Calhoun v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1935
- Virginia & Carolina Southern Railroad v. McLeanSupreme Court of North Carolina · 1912
- Sheets v. . WalshSupreme Court of North Carolina · 1940
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