Simmons v. North Carolina State Highway & Public Works Commission

The plaintiff, dissatisfied with the result of the trial below, has brought the cause here for review and asks for a new trial on the ground that the court erred in the instructions given to the jury, and that the verdict was improperly influenced thereby.

1. The plaintiff complains that the court in charging the jury used the following language to which she excepted:

“It must be admitted as a matter of common knowledge that the building of highways in this state brings with it certain benefits to property owners who have the additional advantage of the use of such highway.”

The statute which…