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as they now appear in that the photographs show ropes—not electrical wires—suspended from the 70 foot poles. “But it’s worse because the lines are so shiney...There’8 no glare, no glow from the ropes,” Cameron said, noting that the poles now appear exactly as they do in the photographs.
Objecting to the introduction of the photographs as evidence, Kuykendall charged that the pictures were taken when the line was at its “worst looking stage of construction.”
“The condition as it exists today is worse,” Cameron countered.
“That’s a matter of opinion,” rejoined Fletcher.
Judge Robertson overruled the power company’s objections, allowing introduction of the photographs.
Basically The Same
In his testimony on Thursday, Kenneth Nichols, PotEd’s area engineering supervisor, said that the “centerline conductors” on the 70 foot poles are in “basically” the same position as the . original transmission line across the Cameron property.
Cameron maintained, however, that the new 70 foot poles are located either to the left or right of theold 20 foot poles, pointing to the photographs showing the two lines as evidence.
Konick cited cases going back to 1890 that hold a right-of-way cannot be changed without additional compensation to the landowners. Fletcher and Kuykendallc tied some of the same cases, arguing that uses on the right-of-way can be changed.
Fletcher maintained that the Camerons had conceded that the power company has a 50 foot right-of-way and pointed to precedents holding that the utility can make any use of the space as long as it stays within that 50 feet.
(In rebuttal, Konick said mitted the existing power easement is 50 feet and have only referred to that distance as the distance the old poles fell from the center of the transmission line.)
Fletcher argued that PotEd is ‘limited to the width of the right-ofway... But it can be used for progress and subsequent activities as long as they don’t get off that 50 feet.” He insisted that the power company has authority “to upgrade the line and carry more and more electricity” and conduct any other reaso
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