Cater v. Northwestern Telephone Exchange Co.
Supreme Court of Minnesota
Action in the district court for Sherburne county to compel defendant to remove its telephone line from the highway, and to enjoin defendant perpetually from maintaining such line. The case was submitted to the court, Baxter, J., upon the pleadings and upon an agreed statement of facts.
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Action in the district court for Sherburne county to compel defendant to remove its telephone line from the highway, and to enjoin defendant perpetually from maintaining such line. The case was submitted to the court, Baxter, J., upon the pleadings and upon an agreed statement of facts. It was agreed that plaintiff was and more than twenty years had been owner in fee and entitled to the possession of the real estate on which the line was placed, excepting that the public had an easement over and across the same; and that there was and during the preceding two years had been a public-highway…
1Opinion of the CourtMitchell, J.
The defendant is a domestic corporation authorized to erect and maintain telephone exchanges and lines. It has constructed á telephone line between the cities of Minneapolis and St. Cloud, a part of which is on and along the side of a rural highway, the fee of which, subject to the public easement, is in the plaintiff, who is the owner of the abutting land. It was built without his consent and against his protest. It consists of poles planted in the soil at a distance of 170 feet from each other, upon which wires are stretched. The defendant claims the right to construct and maintain this…
2Cited by80 opinions
- Hill Farm, Inc. v. Hill CountyTexas Supreme Court · 1969
- State Ex. Rel. York v. B. of C. Com'rsWashington Supreme Court · 1947
- Northwestern Telephone Exchange Co. v. City of MinneapolisSupreme Court of Minnesota · 1900
- Minneapolis Gas Co. v. ZimmermanSupreme Court of Minnesota · 1958
- Donovan v. AllertNorth Dakota Supreme Court · 1902
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