Wissler v. Yadkin River Power Co.
Supreme Court of North Carolina
Appeal from order of Ferguson, J., heard at chambers, 21 September, 1911, from Lee. Motion for injunction to enjoin the defendant from entering upon the lands of the plaintiff. The injunction was denied, and the plaintiff appealed. The facts are sufficiently stated in the opinion of the Court by Mr. Justice Brown.
1Opinion of the CourtBrown, J.
Tbe defendant by proper proceedings bas condemned tbe right of way across tbe plaintiff’s land for tbe erection of its electric light poles and other appropriate purposes, and bas paid into court damages assessed, and is now in tbe enjoyment of tbe easement.
Tbe ground upon which tbe application for tbe injunction order is based is that- tbe use to which tbe property condemned is to be put is private use, and.not a public one. It is not denied that under tbe general law of tbe State under which tbe defendant bas been incorporated it bas been invested with tbe power of eminent domain, but it is…
2Cases cited5 opinions
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- Palmer v. . Larchmont Electric Co.New York Court of Appeals · 1899
- Turner v. Southern Power Co.Supreme Court of North Carolina · 1910
- Jones v. North Georgia Electric Co.Supreme Court of Georgia · 1906
- Goddard v. Chicago, Milwaukee & St. Paul Ry. Co.Appellate Court of Illinois · 1902
3Cited by15 opinions
- United States Ex Rel. Tennessee Valley Authority v. PowelsonSupreme Court of the United States · 1943
- Carolina Power & Light Co. v. BowmanSupreme Court of North Carolina · 1949
- Yadkin River Power Co. v. WisslerSupreme Court of North Carolina · 1912
- Holding v. Indiana & Michigan Electric Co.Indiana Court of Appeals · 1980
- Yadkin County v. City of High PointSupreme Court of North Carolina · 1940
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