{
  "id": 8630075,
  "name": "V. B. BAILEY v. STATE HIGHWAY AND PUBLIC WORKS COMMISSION",
  "name_abbreviation": "Bailey v. State Highway & Public Works Commission",
  "decision_date": "1938-10-12",
  "docket_number": "",
  "first_page": "278",
  "last_page": "279",
  "citations": [
    {
      "type": "official",
      "cite": "214 N.C. 278"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "193 N. C., 134",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        2217836
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/193/0134-01"
      ]
    },
    {
      "cite": "188 N. C., 210",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8653515
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/188/0210-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T22:38:13.292364+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "ClabesoN, J., took no part in the consideration or decision of this case."
    ],
    "parties": [
      "V. B. BAILEY v. STATE HIGHWAY AND PUBLIC WORKS COMMISSION."
    ],
    "opinions": [
      {
        "text": "ScheNCk, J.\nThe appellant assigns as error the following excerpt from his Honor\u2019s charge: \u201cSo, in arriving at the compensation which the plaintiff ought to receive, the jury should estimate the value of the land taken and the damage, if any, to the rest of the plaintiff\u2019s tract by reason of the location and construction of the road and from such sum there should be taken as a counterclaim or set-off any benefits which the plaintiff has sustained by reason of the addition to the value, if any, of his tract of land by reason of the special advantages thereto which is not shown to the lands of others in that section.\u201d \"We are constrained to sustain this assignment.\nThe statute, N. C. Code of 1935 (Michie), sec. 3846 (bb), provides, inter alia, that \u201cWhenever the State Highway Commission and the owner or owners of the lands, materials, and timber required by the State Highway Commission to carry on the work as herein provided for, are unable to agree as to the price thereof, the State Highway Commission is hereby vested with the power to condemn the lands, materials, and timber, and in so doing the ways, means, methods and procedure of chapter thirty-three, entitled \u2018Eminent Domain,\u2019 shall be used by it as near as the same is suitable for the purposes of this law, and in all instances the general and special benefits shall be assessed as offsets against damages; . . .\u201d The vice of the instruction to which exception is reserved consists in the limiting of the amount of the offsets against any damages which the plaintiff might have sustained to the special advantages that accrued to him. Such offsets should also include the general benefits accruing to the plaintiff by reason of the construction of the highway. Wade v. Highway Commission, 188 N. C., 210; Goode v. Asheville, 193 N. C., 134.\nFor the error assigned, there must be a\nNew trial.\nClabesoN, J., took no part in the consideration or decision of this case.",
        "type": "majority",
        "author": "ScheNCk, J."
      }
    ],
    "attorneys": [
      "C. E. Blacksioclc and B. M. Wells for plaintiff, appellee.",
      "Charles Ross for defendant, appellant."
    ],
    "corrections": "",
    "head_matter": "V. B. BAILEY v. STATE HIGHWAY AND PUBLIC WORKS COMMISSION.\n(Filed 12 October, 1938.)\nEminent Domain \u00a7 12 \u2014 In awarding damages for relocation of highway, both special and general benefits should he allowed as offsets.\nIn an action to recover damages resulting from the relocation of a public road through the lands of plaintiff, both the special and general benefits accruing to plaintiff by reason of the construction of the highway should be allowed as offsets against any damages which plaintiff might have sustained, Michie\u2019s Code, 3846 (bb), and an instruction that limits offsets to special advantages that accrued to plaintiff is erroneous.\nClarkson, J., took no part in the consideration or decision of this case.\nAppeal by the defendant from Alley, J., at April Term, 1938, of B\u00fcNCOmbe.\nNew trial.\nThis is a civil action to recover damages resulting from the relocation of a public road through the lands of the plaintiff.\nFrom a verdict and judgment awarding plaintiff the sum of $2,500 the defendant appeals, assigning error.\nC. E. Blacksioclc and B. M. Wells for plaintiff, appellee.\nCharles Ross for defendant, appellant."
  },
  "file_name": "0278-01",
  "first_page_order": 346,
  "last_page_order": 347
}