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DUKE POWER COMPANY v. ROGERS

No. 27.

156 S.E.2d 244 (1967)

271 N.C. 318

DUKE POWER COMPANY, Petitioner, v. Neil G. ROGERS and wife, Elizabeth Rogers, Respondents.

Supreme Court of North Carolina.

August 25, 1967.

Attorney(s) appearing for the Case

H. D. Coley, Jr., Crowell & Crowell, Hendersonville, Carl Horn, Jr., Charlotte, for petitioner appellant.

Garren & Stepp, Hendersonville, for respondents appellees.

SHARP, Justice.

Petitioner assigns as error the following portion of the judge's charge on the measure of damages:

"So, you see, ladies and gentlemen of the jury, there are two elements of compensation to be considered by you. Number one, the market value of the land actually appropriated for easement purposes here, consisting of approximately one acre, and, second, the injury or damage done to the remainder of the tract or portion of the land, used by the...

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