Smith v. Iowa Public Service Co.

Appellee is a corporation engaged in the electric light and power business.. In 1930 it entered into an oral contract with a brick plant to supply electrical energy. To accomplish this purpose it was granted the right to construct its lines over the lands of the brick company. At the time of construction there were no structures of any kind in the vicinity. No rights of the public, no use of the highways, or questions of public control are involved.

The power line was constructed with the provisions of the National Safety Code in mind. This is a “set of rules drawn up by the Bureau of…