Southwestern Bell Telephone Co. v. M. H. Burton Construction Co.

BARNES, Justice:

This case presents a question of first impression in this jurisdiction.

We briefly summarize the events forming the basis for these proceedings. On September 21, 1970, the Appellee, in the performance of its public business, maintained and operated a 1,500-pair underground telephone cable in its easement and public right-of-way at a place located one-half mile west of McArthur on Britton Road in Oklahoma City, Oklahoma, in claimed reliance on 18 O.S.1971 § 601(a). That statute provides in pertinent part:

“(a) There is hereby granted to the owners of any telegraph or telephone…