Union Pacific Railroad v. Mountain States Telephone & Telegraph Co.

CROCKETT, Chief Justice;

Defendant Mountain States Telephone and Telegraph Company appeals, seeking to reverse a declaratory judgment holding that the plaintiff Union Pacific Railroad Company has a right to maintain and use communication cables under the streets in Salt Lake City between its offices on Main Street and its depot complex on Third West.

Defendant Mountain States is the general telephone utility which has the exclusive authority to serve the intermountain area. It also has a franchise from Salt Lake City to conduct its telephone business therein and to utilize and streets for the…