Jolliff v. Hardin Cable Television Co.

The determinative issue raised in these appeals is whether, under the easements granted to Ohio Power by plaintiffs’ predecessors in title, Ohio Power can apportion its rights thereunder and permit Hardin Cable, as sub-lessee, to make use of the easements for the purpose of attaching its coaxial cable.

On that issue, the Court of Appeals expressed the view that the easements in question did not convey to Ohio Power “an exclusive right to use the servient tenement for electric or other power right of way purposes” and that “for Ohio Power to apportion its rights” would constitute “competition…