Canadian Pacific Railway Co. v. Moosehead Telephone Co.
Supreme Judicial Court of Maine
In equity. On report. Bill in equity brought by the plaintiff to enjoin the defendant telephone company from maintaining its poles and wires upon the plaintiff’s right of way. The defendant answered and the cause was then heard on bill, answer and evidence and at the conclusion of the evidence the case was reported to the Law Court for determination. The caséis stated in the opinion.
1Opinion of the CourtSavage, J.
By this bill in equity the plaintiff seeks to enjoin the defendant telephone company from maintaining its line of poles and wires upon the plaintiff’s right of way. The defendant contends that it is so maintaining them under statute authority. The case comes up on report.
The defendant corporation was organized in 1900 under the general law for the organization of telephone companies, Stat. 1895, c. 103, but it does not appear to have taken any steps affecting the plaintiff’s right of way until 1904. . Its right to do so, therefore, must be determined by the statutes in force in 1904. Chapter.…
2Cases cited11 opinions
- St. Louis & Cairo Railroad v. Postal Telegraph Co.Illinois Supreme Court · 1898
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
- Chicago & Alton Railroad v. Joliet, Lockport & Aurora Railway Co.Illinois Supreme Court · 1882
- Housatonic Railroad v. Lee & Hudson RailroadMassachusetts Supreme Judicial Court · 1875
- American Telephone & Telegraph Co. v. PearceCourt of Appeals of Maryland · 1889
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3Cited by3 opinions
- Salt Lake City v. East Jordan Irrigation Co.Utah Supreme Court · 1911
- Hynek v. MCI World Communications, Inc.District Court, N.D. Indiana · 2002
- Benton v. Maine State Highway CommissionSupreme Judicial Court of Maine · 1965