Fort Wayne Cablevision v. Indiana & Michigan Electric Co.

GARRARD, Judge.

This appeal arises from the trial court’s grant of summary judgment in favor of Indiana & Michigan Electric Co. (I & M).

The facts are not disputed. On October 1, 1978 Fort Wayne Cablevision (Cablevision) entered into a written contract with I & M which permitted Cablevision to attach its cable television equipment and lines to I & M’s utility poles. The actual attachment of this cable equipment and lines was to be performed by a company known as Barnup & Sims Cable Communications, Inc. (Barn-up). On September 26, 1979 Gary A. Montague, an employee of Barnup, was attaching…