Cooke v. WAKE ELECTRIC MEMBERSHIP CORPORATION

The sole question presented on this appeal is whether or not the court below committed error in sustaining the defendant’s motion for judgment as of nonsuit and in entering judgment accordingly.

As we interpret plaintiff’s evidence, before the Highway and Public Works Commission built the southbound lane of the dual highway to the west of what is now the northbound lane of U. S. Highway No. 1, the defendant’s power line occupied space west of the right of way of U. S. Highway No. 1 and approximately the same distance therefrom as the present power line does from the western edge of the present…