Illinois Telegraph News Co. v. Meine

We regard this judgment as erroneous and contrary to the previous decisions of this court. The only land sought to be taken by appellant for its exclusive use was the land to be occupied by its poles. The poles upon which the wires were to be placed were two feet in diameter at the ground and twenty of them were to be set in the highway on appellee’s land. The spaces between the poles were not sought to be taken, but the- use thereof for the purposes of stringing, repairing and maintaining the wires was all that was contemplated or asked for. This use was not exclusive but was to be enjoyed…