DUKE POWER COMPANY v. BLACK

No. 197.

140 S.E.2d 540 (1965)

263 N.C. 811

DUKE POWER COMPANY, Petitioner, v. Charles C. BLACK and wife, Alta May Black, W. O. McGibony, Trustee for Federal Land Bank of Columbia, Federal Land Bank of Columbia, W. J. Allran, Trustee for Cherryville Production Credit Association, and Cherryville Production Credit Association, Respondents.

Supreme Court of North Carolina.

March 3, 1965.


Attorney(s) appearing for the Case

Wm. I. Ward, Jr., Charlotte, and C. E. Leatherman, Lincolnton, for petitioner appellant.

Clayton & London, Charlotte, for respondent appellees Black.


BOBBITT, Justice.

In charging the jury, the court, after defining the easement over said 7.2 acres and all rights with reference thereto to be acquired by petitioner, gave instructions as to the rules applicable in determining the amount respondents were entitled to recover as compensation therefor. No exception was taken to these instructions.

The court then instructed the jury as follows:

"(A) So the items going to make up the difference embraces...

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