Henley v. CONTINENTAL CABLEVISION OF ST. LOUIS COUNTY, INC.

CARL R. GAERTNER, Judge.

Plaintiffs, as trustees of University Park subdivision, appeal from an order dismissing their petition for failure to state a claim in an action against defendant Continental Cablevision of St. Louis County, Inc. We affirm.

The facts essential to a resolution of this matter are not in dispute. 1 Pursuant to an indenture recorded on April 8, 1922, plaintiffs’ predecessors as trustees, were expressly granted the right to construct and maintain electric, telephone and telegraphic service on or over the rear five feet of all lots in the subdivision, and to grant easements…