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ROBINSON v. STATE HIGHWAY COMMISSION

No. 393.

105 S.E.2d 287 (1958)

249 N.C. 120

Horace ROBINSON and wife, Mary K. Robinson, v. STATE HIGHWAY COMMISSION.

Supreme Court of North Carolina.

October 29, 1958.

Attorney(s) appearing for the Case

Malcolm B. Seawell, Atty. Gen., Kenneth Wooten, Jr., Asst. Atty. Gen., H. Horton Rountree, Member of Staff, Raleigh, and Kerr & Kerr, Warrenton, for the State.

Gholson & Gholson, Henderson, and Banzet & Banzet, Warrenton, for petitioners, appellants.

BOBBITT, Justice.

The applicable rule, well established, is stated by Ervin, J., in Proctor v. State Highway and Public Works Commission, 230 N.C. 687, 691, 55 S.E.2d 479, 482, as follows: "Where only a part of a tract of land is appropriated by the State Highway and Public Works Commission for highway purposes, the measure of damages in such proceeding is the difference between the fair market value of the entire tract immediately before the taking and the fair market...

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