Garden City Co. v. Detroit Fidelity & Surety Co.

The opinion of the court was delivered by

Dawson, J.:

This action was a sequel to that of The Continental & C. T. & S. Bank v. Garden City Co., 123 Kan. 659, 256 Pac. 983, where the ownership of an electric transmission line located on a public highway running north from Garden City into Scott county was in dispute.

The line had been constructed by a predecessor in title of the Garden City Company for the purpose of delivering electrical power *493for the operation of irrigation pumps, but the cost had been found to be prohibitive, and when the line was partially wrecked by a gale in 1922 it was not…