Mountain States Telephone & Telegraph Co. v. Suburban Telephone Co.

CARMODY, Justice.

We are here concerned with a controversy between two competing telephone companies. Neither party to the case being satisfied with the trial court’s decision, one appealed and the other cross-appealed.

For clarity, Suburban Telephone Company, (which is the appellant and cross-appellee) will be referred to merely as “Suburban,” and The Mountain States Telephone and Telegraph Company (appellee and cross-appellant) will be simply termed “Mountain States.”

Mountain States brought suit against Suburban in the District Court of Catron County, to enjoin Suburban from constructing or…