Cantu

—When a public utility does not exercise eminent domain powers to extend a line to serve customers, the right to sue in inverse condemnation does not exist if damage results from the extension. However, other legal remedies may be timely asserted if there are defects in the extension which proximately result in damage and were caused by the utility.

I

Plaintiffs Richard and Shirley Cantu sued Pacific Gas and Electric Company (PG&E) for damages to their residence, alleging inverse condemnation, trespass and nuisance. The trial court found defendant inversely liable and directed the jury to determine damages. The jury found for defendant on the trespass and nuisance causes of action and returned a verdict of no damages for plaintiffs. The plaintiffs filed a motion for a new trial on the ground of inadequate damages, which was granted. Defendant appeals from the judgment, contending (1) it was not operating as a public entity and the court erred in finding it was inversely liable; (2) the court erred in rejecting the comparative negligence defense; and (3) the court abused its discretion in granting the motion for new trial. We reverse.

In 1975, plaintiffs constructed a…