Blue Ridge Interurban Railway Co. v. Hendersonville Light & Power Co.
Supreme Court of North Carolina
PetitioN to rehear. Upon the trial Webb, J., submitted these issues to the jury and instructed the jury to answer issues a and b “No.” a. Are there water powers, rights, and properties on the lands of the respondents as described in the petition capable of being developed for the production of electric power for use in connection with and in addition to the electric power already developed and in use by the respondent, Hendersonville Light and Power Company? Answer: “No.” b.
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PetitioN to rehear. Upon the trial Webb, J., submitted these issues to the jury and instructed the jury to answer issues a and b “No.” a. Are there water powers, rights, and properties on the lands of the respondents as described in the petition capable of being developed for the production of electric power for use in connection with and in addition to the electric power already developed and in use by the respondent, Hendersonville Light and Power Company? Answer: “No.” b. Are there water powers, rights, or properties on the lands of the respondents as described in the petition which are…
1Opinion of the CourtBkowN, J.
This case is reported in 169 N. C., 471. It is a condemnation proceeding brought by the plaintiff to condemn certain property called a water power belonging to the defendant. The defendant owns the land on one side of the stream and an undivided half interest in the water power. The plaintiff owns the land on the other side of the Stream and a half interest in the water power. All water powers are as much subject to condemnation as any other property, unless it is established that they are “being used or held to be used or to be developed for use in connection with or addition to any power…
2Cases cited1 opinion
- Blue Ridge Interurban Railway Co. v. Hendersonville Light & Power Co.Supreme Court of North Carolina · 1915
3Cited by1 opinion
- Grandy v. Carolina Products Co.Supreme Court of North Carolina · 1918