McCullough v. Interstate Power & Light Co.

This action was brought to enjoin the defendant from erecting a high tension power line consisting of poles and wires along the side of a highway, on either side of which the plaintiffs own the abutting land. The cause was tried to the court without a jury, and resulted in a judgment dismissing- the action, from which the plaintiffs appeal. •

By deed dated April 12, 1909, the appellants com veyed a strip sixty feet wide through the land which they then owned, and which they now own, as a “ right of way for a road.” In a subsequent clause in the same instrument, the road was referred to as…