Magee v. Overshiner

Rufus Magee, the owner of a business property fronting upon one of the principal business streets of the city of, Logansport and the owner of the fee in the street, brought this suit for a mandatory injunction to cause the removal of a telephone pole placed by the appellee, Overshiner, in the curb-line of the sidewalk in front of said property. 'The appellee, the owner of the telephone system in said city, placed said pole and strung wires upon the same in the night time, after protest by the appellant, and without compensation to or consent from him.

The principal question in the case is as…