Yadkin River Power Co. v. Wissler
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at July Term, 1912, of Lee. Petition to condemn a further right or privilege in defendants’ land, heard on appeal from clerk of Superior Court.
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Appeal by plaintiff from Peebles, J., at July Term, 1912, of Lee. Petition to condemn a further right or privilege in defendants’ land, heard on appeal from clerk of Superior Court. The petition filed before the clerk in due form and proxierly served on the. parties is as follows: “This, the petition of the Yadkin River Power Company, respectfully showeth: “1. That the petitioner is a public-service corporation, duly chartered and incorporated under the laws of North Carolina, and, as such, possesses the power and right to construct lines for the transmission of electricity for power or…
1Opinion of the CourtHoke, J.
Tbe power of eminent domain has been expressly conferred by statute on these electric companies which have dedicated their property to tbe public service. Eevisal, secs. 1571-77 inclusive, and sec. 2575 et seq., and this legislation has been sustained as applying to plaintiff company in Wissler v. Power Co., 158 N. C., 465. Tbe authorities also very generally bold that tbe right is not necessarily exhausted by a single exercise of tbe power, but, within tbe limits established by tbe general law or special charter, a subsequent or further exercise of tbe power may be permissible. Hopkins v. R.…
2Cases cited14 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Railroad v. OliveSupreme Court of North Carolina · 1906
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
- In Re N.Y. and H.R.R. Co. v. . KipNew York Court of Appeals · 1871
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Weyerhaeuser Company v. Carolina Power & Light Co.Supreme Court of North Carolina · 1962
- City of Charlotte v. McNeelySupreme Court of North Carolina · 1972
- In Re Housing Authority of City of SalisburySupreme Court of North Carolina · 1952
- Carolina Power & Light Co. v. BowmanSupreme Court of North Carolina · 1949
- City of Charlotte v. HeathSupreme Court of North Carolina · 1946
14 more not listed; retrieve them via the Exa API.