The presence of overhead wires that are part of the transmission system of utilities has created questions about the safety of the presence of the resulting electromagnetic field. Several homeowners have filed suit seeking an injunction against the utility to have the overhead wires removed. Which of the following statements is correct?
A) If the wires present a safety danger, they are a public nuisance and should be enjoined.
B) If the wires were there before the homes were built, then the wires must remain.
C) If the wires do not affect the full community, they cannot be enjoined as a public nuisance.
D) The court must balance the need for the wires with the safety interests of the homeowners.
Question 2
Ordinarily, a maker's lack of capacity may be raised as a defense against a holder in due course.
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