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BUHL v. U.S. SPRINT COMMUNICATIONS CO.

840 S.W.2d 904 (1992)

John G. BUHL, Daniel R. Buhl, Regina Winter, James L. Irons and Wife, Bea D. Irons, Kenneth F. York and Wife, Gloria York for Themselves, and All Others Similarly Situated, Plaintiffs-Appellees, v. U.S. SPRINT COMMUNICATIONS COMPANY, Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

October 26, 1992.

Attorney(s) appearing for the Case

Donald K. Vowell, Knoxville, for plaintiffs-appellees.

John B. Rayson, John T. Buckingham, Knoxville, for defendant-appellant.

OPINION

REID, Chief Justice.

The primary issue presented on this appeal is whether the installation of a telephone cable within an existing railroad right of way, pursuant to an agreement between the telephone company and the railroad company, is a "taking" under the law of eminent domain, for which the owners of the freehold estates are entitled to compensation. The record supports the judgment of the Court of Appeals reversing the trial court's dismissal...

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