In condemnation proceedings whereby the corporation took water rights of a riparian owner, the state court found that the purpose was in good faith to carry on the business of building and operating the road, that the taking of all the water power was necessary for that purpose, and that the purpose was public. Held: (1) That in the absence of definite proof that a surplus would result this court could not say that sale of surplus power was the real object of the enterprise or anything more than a possible incident, necessary to prevent waste, of the railway use. (2) Even if sale of surplus power were likely to occur, the taking, upon the case as made, would be justified by Mt.Vernon-Woodberry Cotton Duck Co. v. Alabama InterstatePower Co., 240 U.S. 30, 32. 171 N.C. 314, affirmed. THE case is stated in the opinion.