State ex rel. Bartlett v. Weber

Citations

• 88 Kan. 175
• 127 P. 536
• 1912 Kan. LEXIS 32

Syllabus

<p>SYLLABUS BY. THE COURT.</p> <p>1. Electric Wires—Along Public Highway—Legal TJse of Highway. The transmission of an electric current by wire on a highway in order to furnish light, heat and power to the inhabitants residing along such electric line is a legal and proper use of a highway.</p> <p>2. .- No Necessity for Franchise or Special Legislation. A person may build and maintain such a line on a rural highway without having obtained a franchise or special license from any officer, -providing it is done in a way that will not seriously impede or endanger public travel or unnecessarily interfere with the reasonable use of the highway by other members of the public and there is no invasion of the rights of the owners of abutting lands.</p> <p>3. - Must Not Interfere with Proper Use of Highway. If such a line should be so built and maintained as to substan- . tially interfere with the legal and proper use of the highway by others of the public, or if the appliances set up and used in the highway constituted a nuisance, the state, at the instance of the attorney-general or county attorney, might maintain an action to enjoin the continuance of the nuisance or the further illegal use of the highway.</p>