Legal Opinion

Town of Hazlehurst v. Mayes

Mississippi Supreme Court

Decided March 15, 1904PublishedCited by 6 opinions

Prom the circuit court of Copiah county. Hon. David M. Miller, Judge. Mrs. Mayes, appellee, was plaintiff in the court below; tbe town of Hazleburst was defendant there. Prom a judgment in plaintiff’s favor defendant appealed to tbe supreme court. Tbe facts are stated in tbe opinion of tbe court.

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Prom the circuit court of Copiah county. Hon. David M. Miller, Judge. Mrs. Mayes, appellee, was plaintiff in the court below; tbe town of Hazleburst was defendant there. Prom a judgment in plaintiff’s favor defendant appealed to tbe supreme court. Tbe facts are stated in tbe opinion of tbe court. Tbe town of Hazleburst, being governed by chapter 93 of tbe Annotated Code, has tbe power under § 2932, “To grant tbe right for tbe erection of telegraph, electric light or telephone poles, posts and wires along and upon any of tbe streets, alleys •or ways of tbe municipality, and change, modify and…

1Opinion of the CourtTruly, J.

The town of Hazlehurst, through its board of mayor and aldermen, decided to construct- a municipal waterworks and electric light system. In the construction of this plant it became necessary to establish and locate a system of posts and wires over the streets of the town. In the course of this work the contractor who was installing the plant found that the wires were interfered with by shade trees planted along the sidewalks of the public streets. The difficulty being reported to the municipal authorities permission was granted the contractor and his employes to trim, whenever necessary, all…

2Cases cited5 opinions

  1. Tate v. City of GreensboroSupreme Court of North Carolina · 1894
  2. Vanderhurst v. TholckeCalifornia Supreme Court · 1896
  3. Theobold v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1889
  4. Wyant v. Central Telephone Co.Michigan Supreme Court · 1900
  5. Cumberland Telephone & Telegraph Co. v. CassedyMississippi Supreme Court · 1900

3Cited by6 opinions

  1. Berry v. Southern Pine Electric Power Ass'nMississippi Supreme Court · 1954
  2. Slaughter v. Meridian Light & Railway Co.Mississippi Supreme Court · 1909
  3. Scranton-Pascagoula Realty Co. v. City of PascagoulaMississippi Supreme Court · 1930
  4. Johnson v. City of ChattanoogaTennessee Supreme Court · 1945
  5. City of Laurel v. HearnMississippi Supreme Court · 1926

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