{ "id": 8574819, "name": "R. J. LYERLY, JR. and JOE J. WALKUP, Trading as SHERRILL'S SUPER MARKET, Petitioners v. NORTH CARROLINA STATE HIGHWAY COMMISSION, Respondent", "name_abbreviation": "Lyerly v. North Carrolina State Highway Commission", "decision_date": "1965-06-18", "docket_number": "", "first_page": "649", "last_page": "650", "citations": [ { "type": "official", "cite": "264 N.C. 649" } ], "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": "181 S.E. 258", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "208 N.C. 466", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8611168 ], "opinion_index": 0, "case_paths": [ "/nc/208/0466-01" ] }, { "cite": "113 S.E. 2d 263", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "252 N.C. 141", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8619482 ], "opinion_index": 0, "case_paths": [ "/nc/252/0141-01" ] }, { "cite": "132 S.E. 2d 599", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "260 N.C. 241", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8574095 ], "opinion_index": 0, "case_paths": [ "/nc/260/0241-01" ] }, { "cite": "142 S.E. 2d 653", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 } ], "analysis": { "cardinality": 246, "char_count": 3143, "ocr_confidence": 0.586, "pagerank": { "raw": 5.6454232620736374e-08, "percentile": 0.352418615911584 }, "sha256": "022b084a5fdc2a2a296707c63f3b7c459ebf3a7fa04c3527916409a3235a0233", "simhash": "1:702a8276561e9cef", "word_count": 503 }, "last_updated": "2023-07-14T15:18:06.877661+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "R. J. LYERLY, JR. and JOE J. WALKUP, Trading as SHERRILL\u2019S SUPER MARKET, Petitioners v. NORTH CARROLINA STATE HIGHWAY COMMISSION, Respondent." ], "opinions": [ { "text": "Pee C\u00fcRiam.\nAs stated in petitioners\u2019 brief, their allegations herein \u201care substantially identical with those\u201d in the companion case of Sherrill v. Highway Commission, ante, 643, 142 S.E. 2d 653. Petitioners alleged they, as lessees, operated a grocery store in the Sherrill building on South Center Street, Statesville, N. C., and that, on account of the destruction of the south wall of said building on October 14, 1959, (1) their stock of goods was damaged, (2) they incurred extra expense, and (3) they lost profits, to their damage in the aggregate amount of $2,800.00.\nIn Midgett v. Highway Commission, 260 N.C. 241, 132 S.E. 2d 599, it was held the complaint stated \u201ca legally cognizable cause of action for damages by reason of the appropriation of land for public use.\u201d The plaintiff alleged valuable personal property was in the buildings on his lands. With reference thereto, the Court, in opinion by Moore, J., said: \u201cThe allegations of damage to personal property, however, are not sustained. Under the circumstances of this case and the permanent nuisance theory upon which it is maintained an action for the \u2018taking\u2019 of movable personal property may not be upheld. There is no permanent nuisance with respect to such property and the damage thereto is regarded as incidental and not direct. Furthermore, the Highway Commission has no authority to appropriate personal property for public use. G.S. 136-19. \u2018No allowance can be made for personal property, as distinguished from fixtures, located on the condemned premises. . . .' 29 C.J.S., Eminent Domain, \u00a7 175a (1), p. 1045. Under the facts alleged, any injury to personal property is damnum absque injuria. See Williams v. Highway Commission, 252 N.C. 141, 113 S.E. 2d 263; Pemberton v. Greensboro, 208 N.C. 466, 181 S.E. 258.\u201d\nApplying the law as stated in Midgett, it is held that the petition herein fails to state facts sufficient to constitute a cause of action. Hence, the judgment of the court below is affirmed.\nAffirmed.", "type": "majority", "author": "Pee C\u00fcRiam." } ], "attorneys": [ "Carswell & Justice and Hugh G. Mitchell for 'petitioner appellants.", "Attorney General Bruton, Assistant Attorney General Lewis, Trial Attorney Rosser and R. A. Hedrick, Associate Counsel, for respondent appellee." ], "corrections": "", "head_matter": "R. J. LYERLY, JR. and JOE J. WALKUP, Trading as SHERRILL\u2019S SUPER MARKET, Petitioners v. NORTH CARROLINA STATE HIGHWAY COMMISSION, Respondent.\n(Filed 18 June, 1965.)\nEminent Domain \u00a7 2\u2014\nAllegations to the effect that the Highway Commission maintained a culvert under a highway in such manner as to cause the waters of a creek, after a heavy rain, to wash away the foundation of the building leased by petitioners, causing the destruction of the wall of the building, resulting in damage to petitioners\u2019 stock of goods, extra expense, and loss of profits, held, insufficient to state a cause of action for a \u201ctaking\u201d, since no allowance may be had for damage to personal property as distinguished from fixtures.\nAppeal by petitioners from McConnell, J.., November-December 1964 Session of Ieedell.\nThis appeal is from a judgment which sustained the State Highway Commission\u2019s demurrer to the petition and dismissed \u201cthis proceeding.\u201d\nCarswell & Justice and Hugh G. Mitchell for 'petitioner appellants.\nAttorney General Bruton, Assistant Attorney General Lewis, Trial Attorney Rosser and R. A. Hedrick, Associate Counsel, for respondent appellee." }, "file_name": "0649-01", "first_page_order": 685, "last_page_order": 686 }