Kelly v. Schmelz

P. F. PALUMBO, Special Judge.

This is a suit brought by Melvin Kelly and Florence M. Jaris, owners of a parcel of land, seeking to enjoin defendants, Lee F. Schmelz and Katie Schmelz, his wife, from interfering with the installation of electric poles and wires thereon by the Union Electric Company on an easement held by plaintiffs over the land of defendants.

The trial court denied the petition and entered judgment for defendants. The plaintiffs have appealed.

The issues on appeal are whether injunction is the proper remedy and if so whether plaintiffs are entitled to the relief requested.

Plainti…