Berry v. Alabama Power Co.

SIMPSON, Justice.

This is a condemnation proceeding instituted by appellee against appellant under the eminent domain statute seeking to condemn an additional 50-foot strip of land for additional transmission lines paralleling a 100-foot right of way over the owner’s land previously condemned.

On February 19, 1952, appellee acquired by condemnation a 100-foot strip of land over appellant’s property for the purpose of constructing a transmission line for distribution and sale of its product to the public. The construction has not yet been completed, but when so will fill such right of way to…