State Highway Commission v. Yarborough

The trial court did not instruct the jury that they were not to consider the question of interest in determining damages since it would be added by the court to their verdict. No special request was made for such an instruction but the plaintiff nevertheless insists that the court’s failure to so charge was error.

Since the enactment of G.S. 136-113 in 1959, it has been the duty of the court to add interest to an award of damages for the taking of property pursuant to Chapter 136 of the General Statutes. Prior to that time, it was the jury’s function to award interest as just compensation for…