City of Mt. Vernon v. Althen

This action was commenced on October 23, 1946, for the purpose of compelling defendant to remove from the streets and alleys of the City of Mt. Vernon the poles, wires and other equipment used by him in conducting a telephone business.

On July 7, 1902, an ordinance was passed granting to C. B. Woodard a twenty year franchise to construct and maintain upon the streets, alleys and public grounds of Mt. Vernon poles, wires and fixtures proper and necessary for supplying to its residents communication by telephone. The majority of the qualified electors of Mt. Vernon assented to the ordinance. On…