Kentucky & West Virginia Power Co. v. Gilliam

Opinion of the Court by

Chief Justice Clarke—

Beversing in each case.

Appellees, who were plaintiffs below, are landowners in Pike county. They executed separate written contracts to the appellant agreeing to convey to it a right of way through their lands for an electric power transmission line. These contracts recite the payment of one dollar to each of the appellees and obligate appellant to pay to them when the right of way is definitely located sums ranging from five to twenty dollars “per pole.” Thereafter appellant definitely located and was engaged in constructing its transmission line…