State v. Graeme
Missouri Court of Appeals
Appeal from Greene Criminal Court. — No». A. W. IÁn-coln, Judge. (1) Tbe erection of the telephone poles and their maintenance by the telephone company is lawful. E. S. 1899, sec. 1251. If the cutting of the trees was necessary to the maintaining of proper service by the company then the cutting was lawful, even though the tree was injured thereby, such injury being unavoidable. Gay v. Telephone Co., 12 Mo.
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Appeal from Greene Criminal Court. — No». A. W. IÁn-coln, Judge. (1) Tbe erection of the telephone poles and their maintenance by the telephone company is lawful. E. S. 1899, sec. 1251. If the cutting of the trees was necessary to the maintaining of proper service by the company then the cutting was lawful, even though the tree was injured thereby, such injury being unavoidable. Gay v. Telephone Co., 12 Mo. App. 485. (2) The use of streets and roads for the purpose of setting telephone poles and placing wires thereon is a lawful and proper use, and any inconvenience suffered therefrom by such…
1Opinion of the CourtBland, P. J.
The Missouri & Kansas Telephone Company is a corporation. Ten' or eleven years ago it erected a telephone line from Springfield to Joplin, Missouri, taking in other towns. Its line runs through the town of Bepnblic in Greene county. The poles are twenty-five feet high and. are planted within the curb line along a street in said town of Eepublic. A. A. Watson owns a lot abutting on this street. About ten *140years- since he planted nine trees within the curb line in front of his lot. They were shade trees and grew up into the telephone wires, putting the line out of business by the limbs coming in…
2Cases cited2 opinions
- Cartwright v. Liberty Telephone Co.Supreme Court of Missouri · 1907
- McAntire v. Joplin Telephone Co.Missouri Court of Appeals · 1898
3Cited by7 opinions
- Harris v. L. P. & H. Construction Co.Missouri Court of Appeals · 1969
- Blackburn v. Southwest Missouri RailroadMissouri Court of Appeals · 1914
- State v. BrotzerSupreme Court of Missouri · 1912
- Norman Milling & Grain Co. v. BethuremSupreme Court of Oklahoma · 1914
- Slabaugh v. Omaha Electric Light & Power Co.Nebraska Supreme Court · 1910
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