Farmers Mutual Telephone Ass'n v. Pacific Gas & Electric Co.

FOX, P. J. In this action the parties seek a declaration of their respective rights in a pole line which is used by all three of them. Feeling aggrieved by the judgment, plaintiff has appealed.

In 1909 plaintiff acquired a franchise under the provisions of section 536 of the Civil Code as it then existed to operate a [103]telephone service in Kern County. It thereupon erected and maintained a pole line, installed telephone wires thereon and operated a rural telephone system. In 1950 defendant Pacific Gas and Electric Company (hereinafter referred to as PG&E) was erecting a pole line in Kern County, a portion of which was to run along the north side of McKee Road between Wibel and Stine Roads where plaintiff had some poles. After some preliminary negotiations, PG&E, which had a franchise to operate in Kern County, offered by letter, dated May 29, 1950, to install a new line of poles where plaintiff had its poles and to grant plaintiff a free contact thereon. The specific proposal was as follows:

“The Pacific Gas and Electric Company is proposing to build a telephone line consisting of a pair of No. 8 copper wires for one mile along the north side of McKee Road from Wibel Road to Stine. Field representatives indicate that the north side of the road is now occupied by a pole lead consisting of eight wires of farmer telephone circuits. It is our understanding that you are connected with the non-profit cooperative organization to whom these wires belong and we are, therefore, writing to you to make a proposal which, we believe, will be to the advantage of you people.

“As we understand it, the existing line is in poor condition. Our normal procedure would be to build a new line of standard construction and make agreements with the other parties envolved to contact the pole line at $.25 per pair, [sic] per pole, per year. However, in this instance, it is our understanding that the association, which you represent, is not in a position to make any financial outlay. We, therefore, propose to rebuild this lead using 30 foot poles and 176 foot spans. This set-up would occupy the top of the pole with the 2-wire bracket circuit and would transfer the eight farmer line wires and crossarms into the third gain position.

“If this arrangement is agreeable with you, the Pacific Gas and Electric Company will prepare a contact agreement in which we will give free contact to the association for the existing wires and we will also undertake to rebuild and transfer your wires and arms to our poles. The pole line itself will be maintained by this company but the maintenance of the wires, arms and attachments in the third gain position will remain the responsibility of you people.”