Legal Opinion
Blue Ridge Interurban Railway Co. v. Hendersonville Light & Power Co.
Supreme Court of North Carolina
Decided September 22, 1915PublishedCited by 2 opinions
Appeal by defendant from Webb, J., at November Term, 1914, of HENDERSON.
1Opinion of the Court
BROWN, HOKE, ALLEN, and WALKER, JJ., concurring in the result. This is a proceeding by the plaintiff to condemn the one-half interest of the defendants in the water power in question. It is admitted that the line between the two runs to the middle of the stream, the plaintiff owning one-half of the bed of the stream on the south side and the defendants owning the half of the bed of the stream on the north side, for half a mile.
It was suggested for the plaintiff in the outset of the argument that this was not a water power. If so, certainly the plaintiff has no right to condemn it, for it is…
2Cases cited4 opinions
- Prentice v. . GeigerNew York Court of Appeals · 1878
- Bullard v. Saratoga Victory Manufacturing Co.New York Court of Appeals · 1879
- Yadkin River Power Co. v. Whitney Co.Supreme Court of North Carolina · 1908
- Blue Ridge Interurban Railroad v. OatesSupreme Court of North Carolina · 1913
3Cited by2 opinions
- Blue Ridge Interurban Railway Co. v. Hendersonville Light & Power Co.Supreme Court of North Carolina · 1916
- Railway Co. v. . Power Co.Supreme Court of North Carolina · 1916