Gurnsey

The complaint is in ejectment. It contains the allegation that “the defendant without title and without the consent of the plaintiff, entered upon and into the possession of the said lands and premises, and has dug holes and erected poles thereon, and has strung, built and erected wires and an electric power line for a distance of about two miles on and over the said lands, . . . and has maintained and used the said poles, wires and power line thereon for the purpose of conveying electricity for power.”

In its answer defendant seeks to justify on the ground that it is “a corporation organized for the purpose of furnishing the public along its lines with electricity for power, heating and lighting purposes, including the lighting of the highways, and for the purpose of furnishing municipalities and the people of incorporated and unincorporated cities and towns and the authorities thereof with electricity for the purpose of heating, lighting and power, including the lighting of highways”; that over the lands described in the complaint a. public highway extends which has been used as a wagon road for more than forty-five years; “that on the tenth day of October, 1902, after due and…