SNYDER v. DUKE POWER COMPANY

No. 7221SC262.

189 S.E.2d 572 (1972)

George Kenneth SNYDER v. DUKE POWER COMPANY.

Court of Appeals of North Carolina.

June 28, 1972.


Attorney(s) appearing for the Case

Eubanks & Sparrow by W. Warren Sparrow and Larry L. Eubanks, Winston-Salem, for plaintiff-appellant.

William I. Ward, Jr., Charlotte, and Womble, Carlyle, Sandridge & Rice by Allan R. Gitter, Winston-Salem, for defendant-appellee.


HEDRICK, Judge.

The one question presented on this appeal is whether the pleadings, answers to interrogatories, exhibits, and affidavits, show that there is no genuine issue as to any material fact and that the defendant Duke Power Company is entitled to judgment as a matter of law.

Our decision rests on the general rule, set out in 45 Am.Jur.2d, Interference, § 23 as follows:

"Absolute rights, including primarily rights incident to the ownership...

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