Duke Power Co. v. Rutland

On Rehearing.

J. H. Marion, of Charlotte, N. C. (C. C. Wyehe, Donald Russell, and Sam J. Nieholls, all of Spartanburg, S. C., on the brief), for appellant and cross-appellee.

Horace L. Bomar and Jesse W. Boyd, both of Spartanburg, S. C., for appellee and cross-appellant.

SOPER, Circuit Judge.,

A point has been raised upon the rehearing of this cause, not raised upon the original hearing, viz., that the right to claim compensation for the taking by the power company was a personal right belonging to the owner of the land at the time of the taking, which did not pass to the plaintiff Rut-land. We…