Seabrook v. Carolina Power & Light Co.

(dissenting) : This is an appeal from an interlocutory order of injunction, granted by his Honor, Judge Wilson, in an action by the plaintiff, Sea-brook, for a permanent injunction to prevent the consummation of condemnation proceedings instituted by the defendant Carolina Power & Light. Company, under which it seeks to acquire a right-of-way for an electric transmission line over the land of plaintiff.

On December 7, 1929, the Carolina Power & Light Company, proceeding under Section 4990 et seq., Vol. 3, Code 1922, served upon Seabrook a notice declaring that it was a public service…