American Telephone & Telegraph Co. v. Muller

OPINION and ORDER

DONALD RUSSELL, District Judge.

This action involves the right of the grantee of an easement, upon abandonment of the easement, to remove from the servient premises equipment installed incident to the enjoyment of the easement. It arises out of a grant by deed to the plaintiff of an easement to erect and maintain telephone lines across the properties of the defendant’s predecessor in title. Plaintiff constructed such lines across the servient estate under the terms of the easement deed. It is now abandoning such line and seeks to remove the poles and transmission wires…