Electric Service Co. v. City of Mullinville

The opinion of the court was delivered by

Burch, J.:

The action was one by the lessee of an electric transmission line to recover from the lessor the cost of removing the line from its established location, pursuant to order made by public authority, and rebuilding it at another place. A demurrer was sustained to defendant’s answer, and defendant appeals.

The city of Mullinville constructed a transmission line extending from Bueklin, in Eord county, to Mullinville, in Kiowa county, for the purpose of supplying inhabitants of Mullinville with electric light, heat and power. The cost of building…