Legal Opinion

Department of Transportation v. Burnham

Court of Appeals of North Carolina

Decided April 19, 1983No. 821SC492PublishedCited by 2 opinions

1Opinion of the Court

BRASWELL, Judge.

The assignments of error consist of three questions which are concerned with evidence on cross-examination, “comparable” tracts of land, and jury instructions.

Robert Ripley, an expert land appraiser for the Burnhams, the defendant-landowners, twice testified that he did not know the sales price of another tract, Camden Woods. During cross-examination when the same question was put a third time, defendants’ objection was overruled, and counsel’s request to “be heard” was denied. Ripley answered, “$115,000.” The reception of this answer was error for which we reverse and order a…

2Cases cited5 opinions

  1. Barnes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1959
  2. Duke Power Co. v. WinebargerSupreme Court of North Carolina · 1980
  3. State Highway Commission v. ConradSupreme Court of North Carolina · 1965
  4. Duke Power Co. v. SmithCourt of Appeals of North Carolina · 1981
  5. State Highway Commission v. HamiltonCourt of Appeals of North Carolina · 1969

3Cited by2 opinions

  1. City of Durham v. WooCourt of Appeals of North Carolina · 1998
  2. Piedmont Natural Gas Co. v. KinlawCourt of Appeals of North Carolina · 2018

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