120 Ky. 34 | Ky. Ct. App. | 1905
Opinion by
Reversing.
The Lebanon & Bradfordsville Turnpike Company in the year 1855 built a turnpike road from Lebanon to Bradfordsville. For the distance of about half a mile the pike was constructed through the farm of John Avritt. From the time the road was built it
The only question we deem it necessary to consider on the appeal is whether a telephone line upon a public highway is an additional servitude, which gives the original owners of the land, or those claiming under him, a cause of action. In Lexington & Ohio Railroad Co. v. Applegate, 8 Dana, 289, 33 Am. Dec. 497, it was held by this court that a steam railroad on a public highway is not an additional servitude for which the original owner of the land may bring an action. In Louisville Bagging Manufacturing Company v. Central Passenger Railway Company, 95 Ky. 50, 15 Ky. Law Rep., 417, 23 S. W., 592, 44 Am. St. Rep. 203, it was decided that an electric street railway on the streets of a city is not an additional servitude; and in (Georgetown & Lexington Traction Company v. Mulholland, 76 S. W. 148, 25 Ky. Law Rep. 578, the same rule was applied to electric railroads running on country highways. See, also, Ashland & Catlettsburg Street Railway Company v. Faulkner, 45 S. W. 235, 51 S. W. 806, 21 Ky. Law Rep., 151, 43 L. R. A. 554. We are unable to distinguish a. telephone line from a steam railway or an electric railway on the public highway. The telephone line is certainly a much less serious burden than either of these. It in no way interferes with the use of the property as a public highway. The use of the land by the telephone company is no less a public service than the use of it by a railroad company. The telephone takes, the place of the private messenger. The transmission of messages
Judgment reversed, and cause remanded for a judgment as herein indicated.
Petition for rehearing by appellee overruled.