United States v. Puget Sound Power & Light Co.

This is an appeal from a judgment in a condemnation proceeding holding the appellee’s franchise to erect, maintain and have support for its poles and sustained power wires in Biles Street, King Comity, State of Washington, and to transmit electrical power thereby, is an easement taken by appellant in the proceeding. The District Court decided that appellant was liable to the appellee in the amount of the cost of installation elsewhere of such poles and wires for the service of a customer formerly served by the poles and wires removed on the taking of the easement.

In the instant proceeding there was condemned and taken the entire fee simple of the land constituting the street; that is to say, the underlying fee of the adjoining property owners, the right of way in the street belonging to the county, which comprises every right in the street including the right to give franchises for the erection and support of such power line poles and wires as those of the appellee. McCullough v. Interstate Power & Light Co., 163 Wash. 147 , 300 P. 165 (electric power line); Brandt v. Spokane & I. E. R. Co., 78 Wash. 214 , 138 P. 871 , 52 L.R.A., N.S., 760 (power line to service electric powered…