Taylor Investment Co. v. Kansas City Power & Light Co‪.‬

The opinion of the court was delivered by This is an action by the fee title owner of real property in ejectment and for damages against a public utility for the alleged unlawful use and possession of an easement across the property to transmit electrical energy. From an adverse judgment the property owner appeals to this court. The Taylor Investment Co., Inc., appellant, filed its petition against the Kansas City Power & Light Company, appellee, in the district court of Johnson County, Kansas, on July 8, 1955. The first cause of action was for ejectment to recover possession of the described real property and the second cause of action was for damages alleging: ""Defendant, while unlawfully in possession of the above described real property has hindered, delayed, and halted the work and progress of plaintiff in developing said real property into a subdivision for homes thereon, to plaintiff's damages in the sum of Eighty Thousand Dollars ($80,000.00).""