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GREGORY v. TOWN OF PAGELAND

No. 10858.

374 F.2d 490 (1967)

Gaynelle C. GREGORY, Appellee, v. TOWN OF PAGELAND, Appellant.

United States Court of Appeals Fourth Circuit.

Decided February 28, 1967.

Attorney(s) appearing for the Case

H. F. Bell, Chesterfield, S. C. (C. R. Pusser, Jr., Chesterfield, S. C., on brief), for appellant.

Henry Hammer, Columbia, S. C. (Henry H. Edens, Columbia, S. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and J. SPENCER BELL and CRAVEN, Circuit Judges.

HAYNSWORTH, Chief Judge:

The Town of Pageland appealed from a judgment entered against it in the amount of $14,000 assessed as damages for the taking of property for a public street. It contends that the plaintiff's exclusive remedy was an application for the appointment of a commission for the assessment of the damages, and it complains of the damages as found by the District Court. We find no merit in the defendant's objection to the remedy, but

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