Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register
Register

Mountain States Telephone & Telegraph Co. v. Kelton

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
AA
Font size

Property Law Keyed to Cribbet

View this case and other resources at:
Bloomberg Law

Citation. 22 Ill.79 Ariz. 126, 285 P.2d 168 (1955)

Brief Fact Summary. A telephone company brought an action against property owners and a contractor (Kelton) for damage to an underground cable laid across land under a perpetual easement, which had been duly recorded. The property owners were found negligent in failing to take proper precautions.

Synopsis of Rule of Law. The court cited the Pennsylvania case of Maul v. Rider, 59 Pa. 167, which held that, “It is sometimes said that the record of a deed is constructive notice to all the world. That, it is evident, is too broad and unqualified an enunciation of the doctrine. It is constructive notice only to those who are bound to search for it.” [emphasis added in original].


Facts. The telephone company brought an action against property owners and a contractor (Kelton) for damage to an underground cable laid across land under a perpetual easement, which had been duly recorded. The opinion of the Court, which deals with the constructive notice to the contractor is briefed herein; the property owners having actual notice were found negligent in failing to take proper precautions. The lower court found that the Defendant Kelton exercised reasonable care in the acts, which resulted in the damage to the underground line.

Issue. Was the contractor under constructive notice of the easement on the land in favor of Plaintiff?

Create New Group

Casebriefs is concerned with your security, please complete the following