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CAROLINA POWER AND LIGHT COMPANY v. CLARK

No. 91.

91 S.E.2d 569 (1956)

243 N.C. 577

CAROLINA POWER AND LIGHT COMPANY, Petitioner, v. Jesse C. CLARK, Jr., Hattle M. Clark and Buncombe County, North Carolina, Defendants.

Supreme Court of North Carolina.

February 29, 1956.

Attorney(s) appearing for the Case

Charles F. Rouse, Raleigh, Robert F. Phillips and Harkins, Van Winkle, Walton & Buck, Asheville, for petitioner, appellant.

W. W. Candler and Cecil C. Jackson, Asheville, for defendant respondents, appellees, Jesse C. Clark, Jr., and Hattie M. Clark.

PARKER, Justice.

The evidence of the individual defendants introduced without objection, except as to the testimony of Sam W. Huddleston set forth below, which was objected to on the ground that he had not qualified as an hydraulic engineer to express an opinion, tends to show the following facts. They own a farm of about 100 acres in Beaverdam Valley. Beaverdam Creek, a clear mountain stream about 14 to 16 feet wide and 10 to 18 inches deep, runs approximately through...

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