Legal Opinion

Pfoutz v. Pennsylvania Telephone Co.

Superior Court of Pennsylvania

Decided January 21, 1904No. Appeal, No. 174PublishedCited by 4 opinions

Appeal, No. 174, Oct. T., 1903, by defendant, from decree of O. P. Franklin Co., Equity Docket vol. 2, p. 347, continuing preliminary injunction in ease of Jacob Pfoutz v. Pennsylvania Telephone Company. Bill in equity for an injunction. Before John Stewart, P. J. The opinion of the Superior Court states the case.

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Appeal, No. 174, Oct. T., 1903, by defendant, from decree of O. P. Franklin Co., Equity Docket vol. 2, p. 347, continuing preliminary injunction in ease of Jacob Pfoutz v. Pennsylvania Telephone Company. Bill in equity for an injunction. Before John Stewart, P. J. The opinion of the Superior Court states the case. The court entered the following decree : And now, to wit: February 24,1903, this cause came to be heard on final hearing on bill and answer and was argued by counsel, and thereupon, upon consideration thereof, it is ordered, judged and decreed as follows, to wit: That the defendant,…

1Opinion of the Court

Opinion by

Beaver, J.,

We have this day filed an opinion in the case of the Pennsylvania Telephone Co. v. Hoover, ante, p. 96, which *107involves the question here presented, and much that is there said will apply here.

In that case the telephone company sought to restrain the defendant from interfering with its passage over his land in the construction of a telephone line. In this case the plaintiff seeks to restrain the same company from entering upon his premises, under the right of eminent domain, the question being, as stated in the appellant’s statement of the question involved, “Whether a…

2Cases cited1 opinion

  1. Shevalier v. Postal Telegraph Co.Superior Court of Pennsylvania · 1903

3Cited by4 opinions

  1. Shinzel v. Bell Telephone Co.Superior Court of Pennsylvania · 1906
  2. Wodack v. Bell Telephone Co.Superior Court of Pennsylvania · 1916
  3. Bell Telephone Co. v. North, Pennsylvania Court of Common Pleas, Warren County1960
  4. South Penn Telephone Co. v. Stockdale, Pennsylvania Court of Common Pleas, Greene County1926

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