Smith v. Adams

WIEAND, Judge:

The issue of first impression in this appeal is whether the owner of the fee underlying a township road can maintain an action in ejectment against a cable t.v. company which, with township consent, has placed three utility poles within the public right of way. The trial court held that an action in ejectment could be maintained by the landowner and ordered the removal of the poles from the public right of way. We reverse.

The case was submitted to the trial court on an agreed statement of facts. Marjorie Smith is the owner of a seventy-eight (78) acre tract of land in Clifford…