Southwestern Bell Tel. Co. v. Texas & N. O. R.

FOSTER, Circuit Judge.

In this case the material facts as found by the District Court may be briefly stated. Texas and New Orleans Railroad Co. is the owner of a right of way, occupied by its tracks, through Angelina County, Texas. Southwestern Telegraph & Telephone Co. acquired an easement over the right of way from its predecessor, the Houston East & West Texas Railway Co., by condemnation *700proceeding in state courts, for the purpose of erecting poles and stringing telephone wires. This right was transferred to Southwestern Bell Telephone Co., which company in turn leased space on its poles…