SOUTHERN BELL TEL. & TEL. CO. v. WEST

No. 9030SC61.

397 S.E.2d 765 (1990)

100 N.C. App. 668

SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, Plaintiff, v. Richard WEST, Defendant.

Court of Appeals of North Carolina.

November 20, 1990.


Attorney(s) appearing for the Case

Roberts Stevens & Cogburn, P.A. by Gwynn G. Radeker and Elizabeth M. Warren, Asheville, for plaintiff-appellee.

Patla, Straus, Robinson & Moore, P.A. by Harold K. Bennett, Asheville, for defendant-appellant.


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...

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