Smith v. Pacific Gas & Electric Co.

This action was begun on or about the first day of October, 1930, to recover of and from the defendant damages, and also for injunctive relief by reason of the following alleged facts:

That the defendant, on or about the eighth day of September, 1930, wrongfully and unlawfully, and without right or title or permission or consent of the plaintiffs, entered upon certain lands and premises belonging to the plaintiffs, dug ten holes and erected ten poles thereon, and strung, built and erected wires and power lines thereon for the purpose of transmitting power.

The defendant, denying the allegations of the complaint as to the amount of damages inflicted upon the lands and premises belonging to the plaintiffs, filed a cross-complaint in the nature of an action in eminent domain to condemn a right of way across the lands belonging to the plaintiffs, for the purpose of maintaining its power lines and poles for the transmission of electric energy, setting forth, among other things, that the defendant is a public service corporation, and maintaining said line for and as a public use.

The court found in accordance with the allegations of the cross-complaint filed by the defendant, that…