Buhl v. U.S. Sprint Communications Co.

OPINION

REID, Chief Justice.

The primary issue presented on this appeal is whether the installation of a telephone cable within an existing railroad right of way, pursuant to an agreement between the telephone company and the railroad company, is a “taking” under the law of eminent domain, for which the owners of the freehold estates are entitled to compensation. The record supports the judgment of the Court of Appeals reversing the trial court’s dismissal of the freeholders’ claims against the telephone company. The ancillary issue involving the ownership of the York tract is resolved in favor…