DEPARTMENT OF TRANSP. v. BRAGG

No. 670PA82.

302 S.E.2d 227 (1983)

DEPARTMENT OF TRANSPORTATION v. Frank BRAGG and wife, Jo Anne Bragg; Orville D. Coward, Trustee; and Don D. Cogdill and Clem H. Cogdill.

Supreme Court of North Carolina.

May 3, 1983.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Eugene A. Smith, Sr. Deputy Atty. Gen., Raleigh, and Frank P. Graham, Asst. Atty. Gen., Asheville, for plaintiff-appellee.

Coward, Coward & Dillard, Sylvia and Brown, Ward, Haynes & Griffin by H.S. Ward, Jr., Waynesville, for defendants-appellants.


MARTIN, Justice.

The sole question presented for review is whether Judge Sitton erred in granting plaintiff's pretrial motion to exclude from trial evidence of injury and damage to the remainder of defendants' property which occurred after the Department of Transportation condemned part of the tract. This question concerns the elements of damages which should be considered in determining the amount of compensation to be paid the landowners. We hold that it was error...

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