Ward v. Southern Bell Telephone and Telegraph Co.

OSBORNE, Judge.

The question presented on this appeal is, Should the Commonwealth of Kentucky be required to pay Southern- Bell Telephone and Telegraph Company for removal and relocation of its lines in Fayette County, Kentucky, from the Richmond and Lexington Turnpike road? The facts giving rise to the controversy between the parties are as follows:

In 1834 for the purpose of building a turnpike from Richmond to Lexington the legislature of the Commonwealth of Kentucky granted a franchise to a corporation, the Richmond and Lexington Turnpike Road Company. The turnpike was constructed by the…