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STATE HIGHWAY COMMISSION v. KENAN OIL COMPANY

No. 738.

131 S.E.2d 665 (1963)

260 N.C. 131

STATE HIGHWAY COMMISSION v. KENAN OIL COMPANY, a Corporation, Ollie Clark, Durham Bank & Trust Company, Trustee, and Home Security Life Insurance Company.

Supreme Court of North Carolina.

July 19, 1963.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harrison Lewis, Asst. Atty. Gen., William W. Melvin, Trial Attorney, Raleigh, for plaintiff appellee.

John T. Manning, Chapel Hill, for defendant appellant.

SHARP, Justice.

The defendant assigns as error the following portions of the charge which are in parentheses:

"* * * Mr. Kenan himself has testified he suffered the loss of $40,000 to $45,000 because he says that the property was worth $80,000 immediately before the taking, the fair market value, and less than $40,000 afterwards, in his opinion about $35,000, which would make a difference of about $45,000 (which...

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