CAROLINA CENTRAL GAS COMPANY v. Hyder

The petitioner assigns as error thirty exceptions to rulings of the court in the course of the trial below. However, we deem it necessary to discuss only those which present these questions. (1) In view of the rights acquired by the petitioner, was it error to refuse to instruct the jury that, “"When land is appropriated under the power of eminent domain for a right of way or easement, the eondemner acquires an easement only in the land so taken, and the fee of the property remains in the landowner, who may subject the land to any use which is not inconsistent with its use for the purpose for…