Harmon v. Town of Bessemer City
Cases that cite this one
1 later published case cites this decision.
- City of Asheville v. Resurgence Development Co. (N.C. Ct. App. 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff, as he had the right, did not sue for permanent damage to his land. The defendant, as it had the right, being a municipality with the right to condemn the land, an easement for sewerage purposes, did not in its answer pray that this be done and permanent damages assessed.
The plaintiff excepted and assigned error to the third issue submitted by the court: “What permanent damages is the plaintiff entitled to recover ?”
The plaintiff tendered issue as to temporary damage and excepted and assigned error as to the issue o-f permanent damage submitted by the court. We think the exception and assignment of error well taken. This whole matter has been recently discussed in Wagner v. Conover, ante, 82.
On the record plaintiff is entitled to a
New trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.