Southern Bell Telephone & Telegraph Co. v. West

JOHNSON, Judge.

Considered in the light most favorable to the defendant, the evidence tends to show the following: Defendant owns a tract of land on Ratcliff Road in Haywood County on which a one-story building and a concrete parking slab sit. Prior to 1974, plaintiff placed two telephone poles on defendant’s property between the building and a creek located to the east of defendant’s property.

In 1974, the two telephone poles on defendant’s property were relocated by plaintiff. The southern pole was relocated and placed approximately 18 inches from the prior existing bank of the creek. The…