Vetter v. Diamond State Telephone Co.

HORSEY, Justice:

Defendants, Fred W. Vetter, Jr. and Phyllis M. Vetter, his wife, appeal the Court of Chancery’s only ruling after trial that was adverse to them, namely: that a telephone conduit of plaintiff, The Diamond State Telephone Company, that crossed defendants’ residential lot beneath ground level was lawfully placed and lay in the bed of an unopened but nevertheless dedicated public alley.

The Trial Court’s ruling permitted Telephone Co. to leave in place under defendants’ premises a 9 inch telephone conduit or cable crossing lying between 6 and 9 feet below ground. The conduit is…