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HIAWASSEE RIVER POWER CO. v. CAROLINA-TENN. POWER CO.

No. 208.

252 U.S. 341 (1920)

40 S.Ct. 330

64 L.Ed. 601

HIAWASSEE RIVER POWER COMPANY v. CAROLINA-TENNESSEE POWER COMPANY.

Supreme Court of United States.

Decided March 22, 1920.

Attorney(s) appearing for the Case

Mr. Eugene R. Black, with whom Mr. Sanders McDaniel, Mr. J.N. Moody, Mr. Felix Alley and Mr. Zebulon Weaver were on the briefs, for plaintiff in error.

Mr. Julius C. Martin, with whom Mr. Thos. S. Rollins and Mr. Geo. H. Wright were on the brief, for defendant in error.

MR. JUSTICE BRANDEIS delivered the opinion of the court.

The Carolina-Tennessee Power Company, a public utility, was incorporated by a private law of North Carolina with broad powers, including that of taking by eminent domain riparian lands of and water rights in any non-navigable stream of the State. It filed locations for two hydro-electric plants on the Hiawassee River and proceeded to acquire by purchase and by condemnation...

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