Horky v. Kentucky Utilities Company

BIRD, Judge.

Kentucky Utilities Company, owner of the dominant estate, sought to enjoin Horky, owner of the servient estate, from erecting a building within the boundary of its easement. High voltage wires purveying electricity to various communities and enterprises were strung throughout the length of the easement. If built according to plans the roof of the building would be approximately 14 feet lower than the wires and 2 to 6 feet from a point directly beneath the closest wire. The trial court enjoined the construction and Plorky appeals.

Witnesses for the power company testified that the…