Legal Opinion

J. Abe Hilton v. Duke Power Company, a Corporation Organized and Existing Under the Laws of One of the States of the Union

Court of Appeals for the Fourth Circuit

Decided April 1, 1958No. 7546PublishedCited by 11 opinions

1Opinion of the Court

SOBELOFF, Circuit Judge.

A South Carolina landowner’s rights growing out of damage to his lands by the maintenance of a neighboring dam are before us in this appeal.

In 1919, Wateree Power Company, in the exercise of its right of eminent domain, acquired land and built a dam on the Wateree River to a height of 212 feet above sea level. In 1925 the dam was raised to 218 feet, and at all times since then the impounded waters have been maintained at that level. The defendant, Duke Power Company, acquired the dam and lake, and all appurtenant rights in 1927.

The plaintiff’s lands lie twelve miles to…

2Cases cited20 opinions

  1. Rice Hope Plantation v. South Carolina Public Service AuthoritySupreme Court of South Carolina · 1950
  2. Milhous v. State Highway DepartmentSupreme Court of South Carolina · 1940
  3. Webb v. Greenwood CountySupreme Court of South Carolina · 1956
  4. Commercial Drilling Co. v. KennedySupreme Court of Oklahoma · 1935
  5. White v. Southern Railway Co.Supreme Court of South Carolina · 1927

15 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Cloutier v. United StatesUnited States Court of Claims · 1990
  2. John McShain, Inc. v. L'Enfant Plaza Properties, Inc.District of Columbia Court of Appeals · 1979
  3. Miller v. Cudahy Co.District Court, D. Kansas · 1983
  4. Loy Ree B. Marlowe Ballam v. United States of America, and State of South CarolinaCourt of Appeals for the Fourth Circuit · 1984
  5. Ballam v. United StatesDistrict Court, D. South Carolina · 1982

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API