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CITY OF CHARLOTTE v. SPRATT

No. 286.

140 S.E.2d 341 (1965)

263 N.C. 656

CITY OF CHARLOTTE, a Municipal Corporation, Petitioner, v. Ellen R. SPRATT, Respondent.

Supreme Court of North Carolina.

February 24, 1965.

Attorney(s) appearing for the Case

John T. Morrisey, Sr., and Ray Rankin, Charlotte, for petitioner appellee.

Carswell & Justice, Charlotte, for respondent appellant.

BOBBITT, Justice.

In United States v. Grizzard, 219 U.S. 180, 31 S.Ct. 162, 55 L.Ed. 165, 31 L.R.A., N.S., 1135, Mr. Justice Lurton said: "Whenever there has been an actual physical taking of a part of a distinct tract of land, the compensation to be awarded includes not only the market value of that part of the tract appropriated, but the damage to the remainder resulting from that taking, embracing, of course, injury due...

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