Kurtz v. Enterprise Telephone Co.

Opinion by

Keller, J.,

The complainants in this case filed a bill in equity to enjoin the defendant, its agents, employees and workmen, from going on premises described in the bill, belonging* to them, the complainants, and erecting, renewing or repairing the telephone pole line which the defendant had constructed thereon twenty-two years before and maintained ever since.

Within eight days after the filing of the bill and the issuing of a preliminary injunction thereunder, the defendant filed an answer raising as a preliminary objection to the bill, that “the exclusive remedy of the plaintiffs…