State v. Nebraska Telephone Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — HoN. A. B. Thoenell, Judge. Action of quo wmrcmto to oust the defendant from the streets and alleys of the city of Council Bluffs, and from the public highways of the county of Pottawattamie generally. The original petition alleged that the defendant had no franchise from the city, and was occupying its streets without right or authority of law.
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Appeal from Pottawattamie District Court. — HoN. A. B. Thoenell, Judge. Action of quo wmrcmto to oust the defendant from the streets and alleys of the city of Council Bluffs, and from the public highways of the county of Pottawattamie generally. The original petition alleged that the defendant had no franchise from the city, and was occupying its streets without right or authority of law. In an amendment to the petition it was alleged that “ since October 1, 1897, the defendant had, without right or authority, built its lines in streets where prior to that date it had none, and that these…
1Opinion of the CourtSheewin, C. J.
1. Telephones: extension of lines; statutes. Section 1324 of the Code of 1873, as amended by chapter 104, page 100, of tbe Laws of tbe Nineteenth General Assembly, g’ave to any person or company the right to construct a telegraph or telephone line along the public highways of the State; and, under the authority so given, the defendant had the right to occupy the streets and alleys of the city as well as the rural highways or roads. Chamberlain v. Iowa Telephone Co., 119 Iowa, 619; State v. City of Red Lodge, (Mont.) 76 Pac. Rec. 758. In the Code of 1897 the words “ public roads ” are used in…
2Cases cited9 opinions
- Michigan Telephone Co. v. City of Benton HarborMichigan Supreme Court · 1899
- People ex rel. Maybury v. Mutual Gas-Light Co.Michigan Supreme Court · 1878
- Chamberlain v. Iowa Telephone Co.Supreme Court of Iowa · 1903
- Marion Water Co. v. City of MarionSupreme Court of Iowa · 1903
- Dempsey v. City of BurlingtonSupreme Court of Iowa · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Godfrey v. StateSupreme Court of Iowa · 2008
- Bartlesville Electric Light & Power Co. v. Bartlesville Interurban Ry. Co.Supreme Court of Oklahoma · 1910
- State ex rel. Shaver v. Iowa Telephone Co.Supreme Court of Iowa · 1915
- City of Des Moines v. Iowa Telephone Co.Supreme Court of Iowa · 1917
- Iowa Telephone Co. v. City of KeokukDistrict Court, S.D. Iowa · 1915
11 more not listed; retrieve them via the Exa API.