PINNER v. SOUTHERN BELL TEL. & TEL. CO.

No. 8228SC51.

298 S.E.2d 749 (1983)

Edwin F. PINNER v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, A New York Corporation.

Court of Appeals of North Carolina.

January 4, 1983.


Attorney(s) appearing for the Case

Cecil C. Jackson, Jr., Asheville, for plaintiff-appellant.

Roberts, Cogburn & Williams by Isaac N. Northup, Jr. and James W. Williams, Asheville, for defendant-appellee.


WHICHARD, Judge.

Plaintiff contends the court erred in severing the issue of prescriptive easement and proceeding to trial on that issue alone. The court expressly based its decision on these factors: (1) an action for eminent domain involves the assessment of damages, whereas the primary issue regarding prescriptive easement is whether a right-of-way has been established; (2) only if the jury finds no prescriptive easement does an issue of damages for trespass arise...

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