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66-183. Stringing wires along or across streets, highways or public places; regulations. All public utilities owning or operating wires for the transmission of telegraph or telephone messages or for the transmission of electricity upon, along, or across the streets, highways or public places in this state are required to so use, string and maintain such wires as to avoid unreasonable injury or interference from the wires of other utilities and to avoid unreasonable injury to and interference with the wires of other utilities, and the corporation commission is given the power, and it is hereby made its duty, to prescribe reasonable rules and regulations with respect to the stringing and maintaining of wires in all cases where there is danger or possibility of unreasonable interference with or damage to the wires or service of one utility by those of another utility and with respect to the support, maintenance, repair and reconstruction thereof, which rules shall be furnished to any interested person upon application to the corporation commission, and the corporation commission is given the power, and it is hereby made its duty to prescribe reasonable rules and regulations with respect to the stringing of wires, electric or otherwise, which cross over or under the tracks of any railroad company and with respect to the support, maintenance, repair and reconstruction thereof, which rules shall be furnished to any interested person upon application; but in no case shall the height of any wires which cross above the tracks of a railway company be less than twenty-five feet from the top of the rails, except trolley and feed wires of electric railroads, which wires shall be not less than twenty-two feet above the tops of the rails.

History: L. 1917, ch. 252, § 1; March 13; R.S. 1923, 66-183.

Source or Prior Law:

L. 1905, ch. 356, § 1.

CASE ANNOTATIONS

1. Jurisdiction of commission and courts under section considered. Public Service Commission v. Kansas Gas & Electric Co., 121 Kan. 14, 246 P. 178.

2. Act is concerned with safety of life and property not regulation. Board of Public Utilities v. Kansas City P. & L. Co., 139 Kan. 842, 843, 33 P.2d 320.

3. Section construed; "service" defined; jurisdiction, power and duty of commission. Central Kansas Telephone Co. v. Corporation Comm., 153 Kan. 597, 599, 600, 601, 602, 604, 605, 607, 113 P.2d 159.

4. Order refusing TL application made pursuant hereto subject to review under 66-118b, 66-118c. Central Kan. Electric Co-operative Ass'n v. State Corporation Comm., et al., 165 Kan. 471, 472, 196 P.2d 212.

5. Validity of wire-stringing rules considered; rules applied. Smith v. Garden City Irrigation Co., 177 Kan. 359, 362, 279 P.2d 312.


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