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HILTON v. DUKE POWER COMPANY

No. 7546.

255 F.2d 840 (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.

May 16, 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 the 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 the brief), for appellee.

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

PER CURIAM.

After re-examining the South Carolina cases in light of the motion for rehearing, we adhere to the views expressed in our opinion. The cases do not support the appellee's contention that the single cause of action which accrues when the slightest injury is occasioned includes any and all possible future injury, whether reasonably foreseeable or not.

It is true, as pointed out by the appellee, that Webb v. Greenwood County, 1956,

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