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WESTERN LIGHT & TELEPHONE CO. v. TOLAND

No. 39,517

177 Kan. 194 (1954)

277 P.2d 584

In the matter of the petition of the WESTERN LIGHT AND TELEPHONE COMPANY, INCORPORATED, Appellee, v. HENRY TOLAND, Appellant.

Supreme Court of Kansas.

Opinion filed December 11, 1954.

Attorney(s) appearing for the Case

M.C. Bucklin and George Barrett, both of Pratt, argued the cause, and B.V. Hampton, Bill Murray, and Richard Barrett, all of Pratt, were with them on the briefs for the appellant.

Riley W. MacGregor, and John W. MacGregor, both of Medicine Lodge, argued the cause, and Vernon F. Coss, of Medicine Lodge, was with them on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This was a proceeding in condemnation instituted by the Western Light and Telephone Company, to construct an electric transmission line over the land of Henry Toland.

The initial proceedings were conducted pursuant to the provisions of G.S. 1949, 26-101. On the instant appeal by the landowner to this court no question is raised concerning the legality of the initial proceedings, including the appointment...

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