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DE BRUHL v. STATE HIGHWAY & PUBLIC WORKS COM'N

No. 99.

95 S.E.2d 553 (1956)

245 N.C. 139

Arthur M. DE BRUHL and wife, Janie W. DeBruhl, Petitioners, v. STATE HIGHWAY & PUBLIC WORKS COMMISSION, Respondent.

Supreme Court of North Carolina.

December 12, 1956.

Attorney(s) appearing for the Case

Sanford W. Brown, Asheville, for petitioner-appellees.

R. Brookes Peters, Raleigh, and McLean, Gudger, Elmore & Martin, Asheville, for respondent-appellant.

RODMAN, Justice.

The basic question in this case is: What is the property for which compensation is to be paid? At the pretrial conference in October 1954 the court concluded that compensation was to be paid for the land taken, excluding any house thereon. The order fixing the issue to be submitted to the jury became the theory on which the case was to be tried. So long as that remained the pattern on which the case was to be tried, the evidence should be confined...

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