Simonds v. Maine Telephone & Telegraph Co.
Supreme Judicial Court of Maine
On motion by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff and caused by an alleged obstruction consisting of a large reel containing "new bright telephone cable,” placed by the defendant in Main street, Madison Village, and thereby constituting an alleged nuisance, whereby the plaintiff’s horse became frightened and ran away and the plaintiff was thrown out of his wagon and injured. Plea, the general issue.
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On motion by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff and caused by an alleged obstruction consisting of a large reel containing "new bright telephone cable,” placed by the defendant in Main street, Madison Village, and thereby constituting an alleged nuisance, whereby the plaintiff’s horse became frightened and ran away and the plaintiff was thrown out of his wagon and injured. Plea, the general issue. The plaintiff recovered a verdict for $695.25, and the defendant then filed a general motion for a new trial. The case appears in the…
1Opinion of the CourtEmery, C. J.
The defendant telephone company had acquired from the proper authority the right to erect and maintain in Main street and other streets in Madison Village "telephone poles and wires to be- placed thereon together with such supporting and strengthening fixtures and wires as the company might deem requisite.” In the erection of its plant there the company made use of cables or groups of wires enclosed in lead pipe a little over an inch in diameter and strung upon its poles. The lead pipe used came from the factory wound on wooden reels three feet in length and four feet in diameter and so…
2Cases cited3 opinions
- Hughes v. City of Fond du LacWisconsin Supreme Court · 1889
- Thompson v. DodgeSupreme Court of Minnesota · 1894
- Steiner v. Phila. Traction Co.Supreme Court of Pennsylvania · 1890
3Cited by11 opinions
- Parsons v. Crown Disposal Co.California Supreme Court · 1997
- Werner v. LaneSupreme Judicial Court of Maine · 1978
- State v. MosleySupreme Judicial Court of Maine · 1934
- Lyman v. . Village of PotsdamNew York Court of Appeals · 1920
- Dawson v. Postal Telegraph-Cable Co.Michigan Supreme Court · 1933
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