Citizens Telephone Co. v. C., N. O. & T. P. R. R.

Opinion op the Court by

Judge Sampson

— Eeversing.

Some time before January, 1915., (appellant, Citizens Telephone Company, incorporated, erected over and across the right of way of appellee, Cincinnati, New Orleans & Texas Pacific Bailroad Company, in Grant county, a line of telephone wires without first obtaining from said railroad company or in any manner a right to do so. About two years later this action was brought by the railroad company against the telephone company and C. J. ■Daly to enjoin and restrain them from maintaining said wire's across the railroad right of way and from erecting…