Yadkin River Power Co. v. Whitney Co.
Supreme Court of North Carolina
ActioN -from MontgoMERY, beard at chambers, before Goun-cill, <7., holding the Spring Terms, 1908, of the Tenth Judicial District.
1Opinion of the CourtClark, C. J.
Special proceeding to condemn a natural water power for the purpose of erecting a plant thereon. The defendant had already become by purchase the owner of the power for the identical purpose, and had begun, two years before, the construction of an immense water power plant.
The plaintiff noted numerous exceptions, but it is unnecessary to consider them if it did not possess the right of eminent domain. It claims to have acquired that right by virtue of its charter (chapter 236, Laws 1897). But such right was taken from it by chapter 74, Laws 1907, amending Revisal, sec. 1573, which provides…
2Cases cited1 opinion
- Griffin v. Goldsboro Water Co.Supreme Court of North Carolina · 1898
3Cited by10 opinions
- United States Ex Rel. Tennessee Valley Authority v. PowelsonSupreme Court of the United States · 1943
- Elizabeth City Water & Power Co. v. City of Elizabeth CitySupreme Court of North Carolina · 1924
- Power Co. v. . Power Co.Supreme Court of North Carolina · 1916
- Carolina-Tennessee Power Co. v. Hiawassee River Power Co.Supreme Court of North Carolina · 1916
- Blue Ridge Interurban Railroad v. OatesSupreme Court of North Carolina · 1913
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