In Null, the property involved was commercial property and in Stout the property that remained, 3.17 acres, was totally landlocked after the taking. The Court held in Mississippi State Highway Commission v. Hurst, 349 So.2d 545 (Miss. 1977), that: [T]estimony of damages sustained by reason of the construction of the median and damages for inconvenience resulting from increased noise, pollution, and dust . . . were general to the neighborhood and public, were not specific damages to appellees, and testimony thereasto should have been excluded.
This includes such acts as diversion of traffic by construction of a new highway and installing a median strip. Mississippi State Highway Commission v. Hurst, 349 So.2d 545, 546 (Miss. 1977). We look to law and not logic to find which "takings" are compensable.
We have considered whether the evidence is such that we might here fix the compensation due and render the case here. See Mississippi State Highway Commission v. Hurst, 349 So.2d 545, 546 (Miss. 1977). The top side of the valuation and damages testimony, however, is too uncertain to permit this course.
MSHC relies upon Smith v. Mississippi State Highway Commission, 423 So.2d 808 (Miss. 1982) and Mississippi State Highway Commission v. Hurst, 349 So.2d 545 (Miss. 1977). We find these cases wholly consistent with what has been said in Section III above. Indeed, the analysis there presented is sufficient to dispose of this issue.
See State v. Maples, 402 So.2d 350 (Miss. 1981); Mississippi State Highway Commission v. Hurst, 349 So.2d 545 (Miss. 1977); Green v. Green, 317 So.2d 392 (Miss. 1975); Westinghouse Credit Corp. v. Deposit Guaranty National Bank, 304 So.2d 636 (Miss.
00 per week. The rule often stated by this Court is to the effect that, if no brief is filed on behalf of the appellee, the fact of confessed error follows unless from the face of the appeal there manifestly is no error. Mississippi State Highway Commission v. Hurst, 349 So.2d 545 (Miss. 1977); Green v. Green, 317 So.2d 392 (Miss. 1975); Westinghouse Credit Corp. v. Deposit Guaranty National Bank, 304 So.2d 636 (Miss.
There is authority for the proposition that this failure can be taken as a confession of error. Mississippi State Highway Comm'n v. Hurst, 349 So.2d 545, 546 (Miss. 1977). However, even in the absence of a brief from Douglas, we note the somewhat contrary proposition that the presumption of correctness that attaches to a lower tribunal's decision requires an appellate court to review the matter and affirm if it is convinced that the lower tribunal was manifestly correct.