Opinion

Phifer v. Commissioners of Cabarrus County

  • 157 N.C. 150
  • 72 S.E. 852
  • 1911 N.C. LEXIS 22
Court
Supreme Court of North Carolina
Filed
Nov 22, 1911
Status
Published
Author
BbowN
On the bench
Clark, Bbown, Walker
Cited by
17 cases

The opinion

BbowN, J\,

dissenting: I am of opinion that the benefits permitted to be considered by the jury as inuring to plaintiff’s land are entirely too remote and speculative. His land is occupied by the plaintiff as a residence and is situated some three-fourths- of a mile beyond the boundaries of Concord and is on two public roads. The third road that has been cut through it takes six acres of it. The possibility of the plaintiff being able to cut up his property and sell it. off in town lots is problematical and entirely too remote to be considered.

Again, I think the benefits that should be considered are those which naturally accrue to the land in the condition it is in and the uses to which the owner puts it. I don’t think the *154 plaintiff should be compelled to sell his home in order to endeavor to realize these highly uncertain profits from sale of town lots.

Me. Justice Walker concurs in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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