Duke Power Co. v. Parker

BROCK, Judge.

Petitioner assigns as error the instructions of the trial judge to the jury upon the measure of damages applicable to the condemnation of an easement for transmission lines. Defendant argues that the trial judge, in effect, instructed the jury to arrive at its determination of damages as though the fee title to the right-of-way was being condemned. Petitioner cites Power Co. v. Rogers, 271 N.C. 318, 156 S.E. 2d 244.

In our opinion the error in Power Co. v. Rogers is not present in the case before us. We agree with petitioner that the instructions given by the trial court would…