Gay v. Mutual Union Telegraph Co.
Missouri Court of Appeals
Appeal from the St. Lonis Circuit Court, Horner, J. Telegraph poles erected on the streets by legislative and municipal authority are not nuisances. — 2 Dill, on Mun. Corp., sect. 698 ; Lackland v. Railroad Go., 31 Mo. 180; Porter v. Railroad Go., 33 Mo. 128 ; Atlantic, etc.,R. Go. v. St. Louis, 66Mo. 228 ; Randle v. Railroad Go., 65 Mo. 325.
1Opinion of the CourtThompson, J.
The circuit court enjoined the defendant, a telegraph company, from erecting two telegraph poles in the outer edge of the sidewalk on the south side of Pine Street in the city of St. Louis, abutting the plaintiff’s property. The grounds on which the injunction was asked were, that the attempted erections were unlawful, and that they would constitute a nuisance inflicting special damage on the plaintiff.
The facts which we take to be established by this record are, that the plaintiff is the owner of a high building, fronting eastward on Second Street, and extending westward along Pine Street a…
2Cases cited1 opinion
- Commonwealth v. City of BostonMassachusetts Supreme Judicial Court · 1867
3Cited by8 opinions
- Metz v. Kansas City, Mo.Missouri Court of Appeals · 1935
- St. Louis, Iron Mountain & Southern Railway Co. v. Cape Girardeau Bell Telephone Co.Missouri Court of Appeals · 1908
- Loeber v. Butte General Electric Co.Montana Supreme Court · 1895
- Charles H. Heer Dry-Goods Co. v. Citizens Railway Co.Missouri Court of Appeals · 1890
- Louisville Home Tel. Co. v. Cumberland Telephone & Telegraph Co.Court of Appeals for the Sixth Circuit · 1901
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