Pinner v. Southern Bell Telephone & Telegraph Co.

WHICHARD, Judge.

Plaintiff contends the court erred in severing the issue of prescriptive easement and proceeding to trial on that issue alone. The court expressly based its decision on these factors: (1) an action for eminent domain involves the assessment of damages, whereas the primary issue regarding prescriptive easement is whether a right-of-way has been established; (2) only if the jury finds no prescriptive easement does an issue of damages for trespass arise, and (3) the jury could be “tainted” by evidence admissible as to one issue only.

The decision to sever issues is in the…