Flummer's Administrator v. Tri-State Telephone Co.

Opinion of the Court by

Judge Thomas —

Reversing in part and affirming in part.

S. J. Condon & Company (hereinafter referred to as the construction company) is a corporation engaged in construction work. It had a contract for the reconstruc*85tion of a public highway in Harlan county. Along the highway to be improved the Tri-State Telephone Company (hereinafter referred to as the telephone company) maintained a telephone line which was used in the transmission of telephone messages, and over which wires the Western Hnion Telegraph Company (hereinafter referred to as the telegraph Company), by some…