Legal Opinion

Dakota Central Telephone Co. v. Spink County Power Co.

South Dakota Supreme Court

Decided January 30, 1920No. File No. 4557PublishedCited by 8 opinions

Appeal from Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action by Dakota Central Telephone Company, a corporation, against the Spink 'County Power Company, a corporation, to enjoin defend&nt from interfering through electro-magnetic induction from its power plant with plaintiffs telephone lines, and for other relief. From a judgment for defendant, plaintiff appeals. (io) To point ten, Appellant cited: Tri-County Mutual Tel.

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Appeal from Circuit Court, Spink County. Hon. Alva E. Taylor, Judge. Action by Dakota Central Telephone Company, a corporation, against the Spink 'County Power Company, a corporation, to enjoin defend&nt from interfering through electro-magnetic induction from its power plant with plaintiffs telephone lines, and for other relief. From a judgment for defendant, plaintiff appeals. (io) To point ten, Appellant cited: Tri-County Mutual Tel. Co. v. Bridgewater Power Co. (6. D.), 167 N. W. 501; 90 Ohio St. 144-100 N. E. 970; Cumberland Telegraph Co. v. United Electric Co. (Penn.), 27 E. R. A. 236.…

1Opinion of the CourtGate'S, J.

The ultimate concrete question now in this case is whether a telephone company using a low tension current of electricity and using the earth as a return circuit, the earlier occupant of a highway, or an electric power and light company, the 'later occupant, using a high tension current, shall bear the expense of installing a metallic return circuit in the telephone lines in order to eliminate the electromagnetic induction of the telephone lines by the power lines.

[1-3] Without going extensively into the scientific aspects of the case, it may be stated that the evidence shows that electric…

2Cases cited11 opinions

  1. Cater v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1895
  2. Bearce v. BassSupreme Judicial Court of Maine · 1896
  3. Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1908
  4. Cumberland Telegraph & Telephone Co. v. United Electric Railway Co.Tennessee Supreme Court · 1894
  5. Mordhurst v. Ft. Wayne & Southwestern Traction Co.Indiana Supreme Court · 1904

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3Cited by8 opinions

  1. Southwestern Public Service Co. v. MooreTexas Supreme Court · 1930
  2. Phillippay v. Pacific Power & Light Co.Washington Supreme Court · 1922
  3. Yamhill County Mutual Telephone Co. v. Yamhill Electric Co.Oregon Supreme Court · 1924
  4. Oregon Short Line Railroad Company v. Murray CityUtah Supreme Court · 1954
  5. City of Plankinton v. KiefferSouth Dakota Supreme Court · 1945

3 more not listed; retrieve them via the Exa API.

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