Riverview Milling Co. v. State Highway Commission

190 N.C. 692
CourtSupreme Court of North Carolina
DecidedDecember 16, 1925
StatusPublished
Cited by9 cases

This text of 190 N.C. 692 (Riverview Milling Co. v. State Highway Commission) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riverview Milling Co. v. State Highway Commission, 190 N.C. 692 (N.C. 1925).

Opinion

Yarser, J.

Tbe petitioner assigns error (1, 2, 3) in permitting counsel for respondent to ask tbe witness Hathcock, president of petitioner, certain questions as to wbat, in bis opinion, would have been petitioner’s damages if tbe State bigbway bridge bad been built below petitioner’s ferry. Tbe witness answered tbat be did not tbink tbe ferry would be worth mucb if a free way to cross bad been provided. Tbe same kind of evidence was elicited on redirect examination. Tbis witness bad previously given bis opinion as to tbe damages suffered by petitioner on account of tbe building of tbe bridge. Tbe same kind of evidence was elicited from petitioner’s witness, Freeman, and petitioner objected. Tbe damages sought was for tbe taking of property, but tbe evidence for petitioner on direct examination tended to show tbat tbe value of tbe property taken, and tbe resultant damages to its other property was considerable because tbe bigbway bridge rendered it inaccessible to tbe trade, and reduced its value seriously.

It was not a question of wbat tbe State Highway Commission might have done, or bow mucb petitioner would have been damaged under other circumstances, but it was a question of damages, certain, definite, not remote, and compensation for property, and property rights taken. Tbe office of cross-examination is to sift, and test, and purge from tbe adversary’s witnesses tbe elements composing their estimates of damages.

Tbe questions were competent on cross-examination. They show a skillful appreciation and use of tbe advocate’s valuable art of cross-examination.

Tbe right to have an opportunity for a fair and full cross-examination of a witness upon every phase .of bis examination-in-cbief, is an absolute right and not a mere privilege. S. v. Hightower, 187 N. C., 300, 310; Mining Co. v. Mining Co., 129 Fed., 668. Cross-examination “beats and boults out tbe truth mucb better than when tbe witness only delivers a formal series of bis knowledge without being interrogated.” (Sir Matthew Hale, L. C. J. History of tbe Common Law, cb. 12.) In S. v. Morris, 84 N. C., 764 (1881), Ruffin, J., says: “All trials proceed upon the' idea tbat some confidence is due to human testimony, and tbat tbis confidence grows and becomes more steadfast in proportion as tbe witness has been subjected to a close and searching cross-examination; and tbis because it is supposed tbat such an examination will expose any fallacy tbat may exist in tbe statement of tbe witness, or any bias tbat might operate to make him conceal tbe truth; and trials are appreciated in proportion as they furnish tbe opportunities for such critical examination.” Tbe questioning was also proper to elicit whether tbe witnesses bad any bias. Wigmore on Evidence, (2 ed.), par. 1367 and note; Lock-hart’s Handbook on Evidence, see. 270; Toole v. Michael, 43 Ala., 406, 419.

[697]*697In Rice v. R. R., 167 N. C., 1, tbe court allowed tbe question: “If you clean tbe sewer out, will it drain tbe land ?” There was evidence that tbe drain pipes bad been allowed to clog up, and tbat damages resulted therefrom. It was allowed as tending to fix tbe cause of tbe damage. In tbe case at bar tbe converse was clearly competent.

Tbe petitioner in its fourth assignment of error complains at tbe charge to the jury in the following excerpt: “Tbat plaintiff’s charter as a ferryman was granted to, held and exercised by, tbe plaintiff, subject to tbe inherent right of tbe State to erect a public bridge across Eocky Eiver at any time and place it might desire, regardless of tbe effect it might have on tbe tolls and emoluments received by tbe plaintiff from said ferry and toll bridge.”

It is contended tbat tbe words “at any time and place,” in its connection, led tbe jury to believe tbat tbe State Highway Commission could take petitioner’s property without compensation.

Tbe charge must be considered contextually and not disjointedly. In re Creecy, ante, 306; Davis v. Long, 189 N. C., 129, 133; Mangum v. R. R., 188 N. C., 689, 701; Cobia v. R. R., 188 N. C., 487, 493; Exum v. Lynch, 188 N. C., 392; In re Hardee, 187 N. C., 381; S. v. Dill, 184 N. C., 645, 650; S. v. Jenkins, 182 N. C., 818, 820; S. v. Jones, 182 N. C., 781, 787; White v. Hines, 182 N. C., 275, 289; S. v. Chambers, 180 N. C., 705, 708; Haggard v. Mitchell, 180 N. C., 255, 258; In re Hinton, 180 N. C., 206, 214; S. v. Wilson, 176 N. C., 751, 754; Lumber Co. v. Lumber Co., 176 N. C., 500, 503; Taylor v. Power Co., 174 N. C., 583, 588; Leggett v. R. R., 173 N. C., 698, 699; Kistler v. R. R., 171 N. C., 577, 579; Deligny v. Furniture Co., 170 N. C., 189, 203; Montgomery v. R. R., 169 N. C., 249; Padgett v. McKoy, 167 N. C., 504, 507; McNeill v. R. R., 167 N. C., 390, 395; S. v. Bobertson, 166 N. C., 365; S. v. Bay, 166 N. C., 420, 434; Hodges v. Wilson, 165 N. C., 333; Bird v. Lumber Co., 163 N. C., 162, 167; S. v. Vann, 162 N. C., 541; S. v. Tate, 161 N. C., 280; S. v. Exum, 138 N. C., 599; S. v. Lewis, 154 N. C., 632, 634; Kornegay v. R. R., 154 N. C., 389, 392; 2 Thompson on Trials, sec. 2407.

Measured by this rule or by tbe language itself, tbe charge could not have any prejudicial effect. Petitioner does not challenge tbe correctness of tbe proposition of law contained in tbe excerpt, but fears tbat tbe reference to tbe right of tbe State to exercise its sovereignty through tbe respondent at any time and place, might have prejudiced it. Tbe charge is clear and full as to damages, expressly stating tbat tbe petitioner was entitled to the fair market value of the property taken and to all tbe damages flowing proximately and directly to its other property from such taking.

[698]*698In tbe light of the careful and painstaking explanation of the plaintiff’s right to recover damages, which appears in the charge, no possible prejudice could have resulted in this regard to the petitioner.

In petitioner’s fifth assignment of error, the petitioner complains because the court, in giving to the jury the measure of damages to the property not taken, limited the measure to the impairment in value flowing directly and proximately to the plaintiff’s property by reason of the taking for the construction of a bridge and highway at the point where it was constructed. The respondent in locating its road did not touch the 23 acres of land comprising the petitioner’s mill site. Its location was some 1500 feet from it. The witness Hathcock, petitioner’s president, testified in specifying his damages by way of depreciation of property not taken, says that it was caused by the fact that the highway was built leaving petitioner’s mill property remote from it — no way to get out without greatly increased distance — puts petitioner’s patronage in closer touch with its competitors who are on the highway. The highway provided a shorter way of travel somewhere else and a longer way to petitioner’s mill. If the highway had been located right by petitioner’s mill, it would have been a fine advertisement for it. Petitioner had been deprived of the public road; its income taken; the distance for its travel to go in and out increased, as well as the difficulty. “There is no other damage done to the mill property, except the fact that it was left off of the new road, that I think of right now.”

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Bluebook (online)
190 N.C. 692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riverview-milling-co-v-state-highway-commission-nc-1925.