Smith v. Kentucky Utilities Company

Opinion of the Court by

Judge Rees

Reversing.

The appellants, R. Y. Smith, Nannie Smith, his wife, and Maggie Oreen, brought this action in the Harlan circuit court, in which they asked for a mandatory injunction requiring the Kentucky Utilities Company to furnish to the plaintiffs electric current from its transmission lines at Clover Splint. The lower court denied the relief sought, and they have appealed.

Appellants own a building at Clover Splint, which is occupied both as a residence and a store. Clover Splint is unincorporated. The Clover Splint Coal Company owns a large and extensive mine…