City of Wilson v. Weber

Citations

• 101 Kan. 425
• 166 P. 512
• 1917 Kan. LEXIS 112

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities — Second and Third Class — Control of Streets, Alleys and Public Grounds. The act creating the public utilities commission and giving it power to regulate and control public utilites and common carriers did not repeal the statute which expressly gives the mayor and council of cities of the second and third classes the control of the streets, alleys and public grounds, of such cities.</p> <p>2. Electric Light Plant — Franchise Expired — City May Remove Poles and Wires — No Consent of Utilities Commission Required. Where a franchise previously/granted by a city to a public utility for the use of the streets, alleys and public grounds on which to erect an electric lighting plant for the distribution of electric light and power has expired and the city is taking steps to cause the removal of the poles and wires which had been placed there by the public utility, the consent of the public utilities commission for such removal or for the discontinuance of the service which is no longer authorized under the franchise is not required by law.</p>