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WESTPHAL v. KENTUCKY UTILITIES COMPANY

343 S.W.2d 367 (1960)

Kenneth WESTPHAL et al., Appellants, v. KENTUCKY UTILITIES COMPANY, a corporation, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing March 17, 1961.

Attorney(s) appearing for the Case

Harbison, Kessinger, Lisle & Bush, Lexington, for appellants.

Stoll, Keenon & Park, Lexington, for appellee.

CLAY, Commissioner.

Plaintiff appellee Company has an easement over the property of defendant appellants for the maintenance of high voltage electric transmission lines. In grading an approach to their drive-in restaurant, defendants filled in part of their land so as to reduce the clearance between the ground and the transmission lines approximately 7 feet. In this suit brought by the Company the Chancellor permanently enjoined defendants from using the filled area...

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