Southwestern Telephone Co. v. Kansas City, S. & G. Ry. Co.

Citations

• 109 La. 892
• 33 So. 910
• 1903 La. LEXIS 448

Syllabus

<p>TELEPHONE COMPANIES — CONSTRUCTION OP LINES — EXPROPRIATION OP RIGHT OP WAY.</p> <p>1. The language, “along and parallel to any of the railroads in the state,” as used in the act ol 1880, p. 168, No. 124, does not confer upon the telephone companies the right to construct their lines upon the railroads, but it does authorize them to construct such lines upon the right of way of the railroads in the state.</p> <p>2. The difference, in the matter of convenience or inconvenience, to the defendant, as the plaintiff's line may be established upon the one side or the other of its track, seems to he hypothetical,_ rather than real, and the evidence does not justify the conclusion that any error has been committed in the valuation of the right of way expropriated.</p> <p>(Syllabus by the Court.)</p>