Hurlbut v. Union Telephone Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Crawford county: George Clementson, Circuit Judge. Action to recover damages for injuries to plaintiff’s shade trees growing in a parkway between the sidewalk and the curb of the street in front of plaintiff’s premises in Prairie du Chien, occasioned by their being trimmed by the defendant so as not to interfere with its wires.
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Appeal from a judgment of the circuit court for Crawford county: George Clementson, Circuit Judge. Action to recover damages for injuries to plaintiff’s shade trees growing in a parkway between the sidewalk and the curb of the street in front of plaintiff’s premises in Prairie du Chien, occasioned by their being trimmed by the defendant so as not to interfere with its wires. It appears that defendant had a license from the city of Prairie du Chien to build and maintain its telephone lines in the streets of the city, but it does not appear that any condemnation of plaintiff’s land was ever…
1Opinion of the CourtVinje, J.
It does not appear from the record upon what ground the trial court denied plaintiff relief,, but presumably it was upon the ground that the defendant’s license from the city authorized it to trim the trees sufficiently to enable it to give efficient service. If that was the basis of the court’s ruling it erred, because a license from a city to maintain a telephone system upon its streets gives the holder thereof no right to enter upon land within the street and commit acts injurious thereto without the consent of the owner of such land. The maintenance of a telephone line is an additional…
2Cases cited6 opinions
- Brown v. . Electric Co.Supreme Court of North Carolina · 1905
- Krueger v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1900
- Cartwright v. Liberty Telephone Co.Supreme Court of Missouri · 1907
- Norman Milling & Grain Co. v. BethuremSupreme Court of Oklahoma · 1914
- Slabaugh v. Omaha Electric Light & Power Co.Nebraska Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Nordgren v. Southwestern Bell Telephone Co.Supreme Court of Kansas · 1928