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HILTON v. DUKE POWER COMPANY

No. 7546.

254 F.2d 118 (1958)

J. Abe HILTON, Appellant, v. DUKE POWER COMPANY, a corporation organized and existing under the laws of one of the states of the Union, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 1, 1958.

Attorney(s) appearing for the Case

Richard E. Richards, Lancaster, S. C. (Richards, Caskey & Richards, Lancaster, S. C., and H. Simmons Tate, Jr., Columbia, S. C., on brief), for appellant.

Carl Horn, Jr., Charlotte, N. C., and Douglas McKay, Columbia, S. C. (W. S. O'B. Robinson, Jr., Charlotte, N. C., on brief), for appellee.

Before SOPER and SOBELOFF, Circuit Judges, and STANLEY, District Judge.

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...

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