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SOUTHWESTERN BELL TELEPHONE CO. v. NEWINGHAM

No. 8373.

386 S.W.2d 663 (1965)

SOUTHWESTERN BELL TELEPHONE COMPANY, Plaintiff-Appellant, v. C. R. NEWINGHAM and Ann Newingham, his Wife, and E. H. Mallett and Mildred Mallett, husband and wife, Robert A. Smith, Trustee, and John Hancock Mutual Life Insurance Company, Defendants-Respondents.

Springfield Court of Appeals, Missouri.

January 20, 1965.

Attorney(s) appearing for the Case

John Mohler, Leo Eickhoff, and Donald King, St. Louis, Harry C. Blanton and Bernard C. Rice, Blanton, Blanton & Rice, Sikeston, for plaintiff-appellant.

Harry H. Bock, Bock & Jones, New Madrid, for defendants-respondents.

RUARK, Presiding Justice.

This case involves the question of whether or not a telephone company may condemn for the purpose of laying underground cables. The Southwestern Bell Telephone Company (hereinafter referred to as the Company) filed petition against Newingham and others (hereinafter called Owners) to appropriate an easement one rod in width across Owners' land in order to construct, operate and maintain an underground...

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