Duke Power Co. v. Black

I am unable to agree that prejudicial error appears in the record before us. Judge Campbell’s instruction which this Court underscores as error is a statement of the landowner’s contention that a power line over his land is not as sightly as the growing trees which were removed for its erection, and that the Court agrees with the contention. Then follows the instruction that the jury will award compensation by taking into account everything which affects the value of that which was left as well as the value of that which was taken, and base the award thereon.

Assuming the jury got the…