Shepherd v. Duke Power Co.

HAYES, District Judge.

The plaintiff brought this action against the defendant to recover $3,500 in damages for a breach of contract for erecting over the lands of plaintiff the defendant’s power lines. It is alleged that defendant agreed to pay plaintiff as much as it paid others for a right of way and also agreed not to erect light poles in such a way as to interfere with plaintiff’s roads. The complaint made no allegation based on a written easement executed by plaintiffs nor of having received $300 in payment therefor.

*28The defendant denies making the contract alleged in the complaint and…