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VITTETOE v. IOWA SOUTHERN UTILITIES COMPANY

No. 51059.

123 N.W.2d 878 (1963)

Marcella VITTETOE, Plaintiff-Appellee, v. IOWA SOUTHERN UTILITIES COMPANY, Defendant-Appellant. Samuel A. WILDER, Original Plaintiff-Appellee, Jane W. Prest, Jane W. Prest, Iowa Executrix, and Richard A. Stewart, Iowa Administrator with Will Annexed of the Estate of Samuel A. Wilder, Substituted Plaintiffs-Appellees, v. IOWA SOUTHERN UTILITIES COMPANY, Defendant-Appellant.

Supreme Court of Iowa.

October 15, 1963.

Attorney(s) appearing for the Case

Livingston, Day & Bates, Washington, and Robert Valentine and C. R. S. Anderson, Centerville, for appellant.

Baldrige & Baldrige, Washington, for appellee Marcella Vittetoe.

Stewart & Shearer, Washington, for Samuel A. Wilder, original plaintiff-appellee and substituted plaintiffs-appellees.

GARFIELD, Chief Justice.

Plaintiffs, Mrs. Vittetoe and Samuel A. Wilder, own adjoining farms between one and two miles east of Washington, Iowa. (We disregard the fact Wilder is now dead and personal representatives are substituted for him.) Defendant sought to condemn a strip of land 100 feet wide diagonally across the farms for right of way for a 69,000-volt electric transmission line. After obtaining a franchise from the state commerce commission (herein called...

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