SHEPHERD v. DUKE POWER COMPANY

Civ. No. 201-W.

140 F.Supp. 27 (1956)

Green SHEPHERD and wife, Grace J. Shepherd v. DUKE POWER COMPANY.

United States District Court M. D. North Carolina, Wilkesboro Division.

April 11, 1956.


Attorney(s) appearing for the Case

Jones & Ferree, North Wilkesboro, N. C., for plaintiff.

W. S. O.'B. Robinson, Jr., Carl Horn, Jr., Charlotte, N. C., for defendant.


HAYES, District Judge.

The plaintiff brought this action against the defendant to recover $3,500 in damages for a breach of contract for erecting over the lands of plaintiff the defendant's power lines. It is alleged that defendant agreed to pay plaintiff as much as it paid others for a right of way and also agreed not to erect light poles in such a way as to interfere with plaintiff's roads. The complaint made no allegation based on a written easement executed by...

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