City of Mountain View v. Farmers Telephone Exchange Co.

This case has been certified to this court by the Springfield Court of Appeals by reason oí-an alleged conflict between the opinion rendered herein by the latter court and an opinion heretofore rendered by Division One of this court in the case of Holland Realty & Power Co. v. City of St. Louis, 221 S. W. 51.

The opinion of the Springfield Court of Appeals, written by FaekiNgtoN, J., and fairly setting forth the facts involved, is as follows (224 S. W. 155):

“Plaintiff, a city of the fourth class, filed its petition in the circuit court seeking to enjoin defendant from erecting its poles,…