Smith v. Delaware & Atlantic Telegraph & Telephone Co.

Reed, Y. C.

This suit is brought to compel the defendant to remove certain telephone or telegraph wires strung over the sidewalk in front of the complainant’s premises without his consent. The single defence interposed is that the testimony fails to show that the Delaware and Atlantic Telegraph and Telephone Company caused said wires to be strung and maintained.

The testimony connecting the defendant with the stringing of these wires is that of William Early, the solicitor of the complainant. The substance of his testimony is that prior to the bringing of the suit he, for the purpose of…