Carolina-Tennessee Power Co. v. Hiawassee River Power Co.
Supreme Court of North Carolina
Appeal by defendant from Cline, at Mareh-April Term, 1915, of CHEROKEE. Civil action. The plaintiff was incorporated by a special act of the General Assembly, ratified on 16 February, 1909, it being Private Laws 1909, ch. 76, and was organized on 25 May, 1909. It was given by its charter numerous and comprehensive powers and capacities, and, among others, the right “to carry on any and all business in any wise appertaining or connected with the manufacturing and generating,…
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Appeal by defendant from Cline, at Mareh-April Term, 1915, of CHEROKEE. Civil action. The plaintiff was incorporated by a special act of the General Assembly, ratified on 16 February, 1909, it being Private Laws 1909, ch. 76, and was organized on 25 May, 1909. It was given by its charter numerous and comprehensive powers and capacities, and, among others, the right “to carry on any and all business in any wise appertaining or connected with the manufacturing and generating, distributing and furnishing of electricity, compressed air, gas, or steam, for light, heat, and power purposes,…
1Opinion of the Court
Walker, J.,
after stating the case: The defendant has raised several objections to granting relief in this action by injunction, as there has been no violation of or obstruction to plaintiff’s rights. It is especially urged that by Revisal, sec. 1573, as amended by Public Laws 1907, sec. 74, it is provided, with reference to the power of condemnation by electric companies, that the power given by this section (1573) shall not be used to interfere with any mill or power plant actually in process of construction or in operation; and further, that water-powers, developed or undeveloped, with the…
2Cases cited21 opinions
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- State v. Perkins.Supreme Court of North Carolina · 1906
- Hatcher v. Dabbs.Supreme Court of North Carolina · 1903
- Allen & Co. v. GrissomSupreme Court of North Carolina · 1884
16 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States Ex Rel. Tennessee Valley Authority v. PowelsonSupreme Court of the United States · 1943
- Varney v. City of AlbuquerqueNew Mexico Supreme Court · 1936
- Power Co. v. . Power Co.Supreme Court of North Carolina · 1923
- Sams v. Cochran & Ross Co.Supreme Court of North Carolina · 1924
- R. R. v. . R. R.Supreme Court of North Carolina · 1890
6 more not listed; retrieve them via the Exa API.