McLEAN v. TOWN OF MOORESVILLE

No. 385.

75 S.E.2d 327 (1953)

237 N.C. 498

McLEAN et al. v. TOWN OF MOORESVILLE.

Supreme Court of North Carolina.

April 8, 1953.


Attorney(s) appearing for the Case

Finch & Chamblee, Statesville, for plaintiffs appellants.

Zeb V. Turlington and William R. Pope, Mooresville, for defendant appellee.


WINBORNE, Justice.

The trial in the court below was upon the theory of the assessment of permanent damages. To have such damages assessed was a right of plaintiffs. See Donnell v. City of Greensboro, 164 N.C. 330, 80 S.E. 377.

Also, defendant, Town of Mooresville, being a municipality with the right to condemn an easement for drainage purposes, G.S. § 160-204 and G.S. § 160-205, had the right to have such damages determined and assessed. See Wagner...

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