Green v. Good Roads Commission of Watauga County

114 S.E. 819, 184 N.C. 636, 1922 N.C. LEXIS 155

• Court: Supreme Court of North Carolina
• Decided: December 20, 1922
• Status: Published

Opinion

Pee OueiaM.

This case proceeded very irregularly before the road commission, and also in the court below, and in the state of the pleadings there was nothing for the judge to do but dismiss the appeal as he did. The case was not ripe for an appeal, as, judging from the complaint filed by the plaintiff and the other proceedings, the plaintiff was seeking to recover tbe sum of $1,500 as damages for injury to bis land by laying out tbe road tbereon. It does not appear that tbe commission or local authorities have as yet reached tbe stage of tbe proceedings for tbe assessment of damages, or for ascertaining tbe amount of tbe plaintiff’s compensation for taking bis land, or for any injury thereto, and as tbe plaintiff seems to be seeking compensation, be should wait until tbe time comes for fixing it, of which be should have, and we presume will have, due notice.

Tbe order dismissing tbe appeal is affirmed, and tbe cause will be remanded without prejudice to tbe good roads commission, for such other and further proceedings therein as may be proper in tbe premises and according to law.

Affirmed.