St. Louis, Iron Mountain & Southern Railway Co. v. Batesville & Winerva Telephone Co.
Supreme Court of Arkansas
Appeal from Izard Circuit Court; John W. Meeks, Judge; The Batesville & Winerva Telephone Company sued the St. Louis, Iron Mountain & Southern Railway Company and the Western Union Telegraph Company in tort.
Read the full summary
Appeal from Izard Circuit Court; John W. Meeks, Judge; The Batesville & Winerva Telephone Company sued the St. Louis, Iron Mountain & Southern Railway Company and the Western Union Telegraph Company in tort. The first count alleged that plaintiff was engaged in the telephone business, owning and operating a telephone line in Independence, Izard and Baxter counties, Arkansas, running along the east bank of White River and upon its own right of way; “that in 1901 and 1902, while laying and constructing the said railway and telegraph line of defendants, the said defendants unlawfully, wilfully…
1Opinion of the CourtHill, C. J.
1. This was an action by the telephone company against the railroad company for removal by the latter of' thirteen miles of telegraph line from the railroad right of way. The Reporter will state the issues and facts.
The verdict and special finding fix the fact that the telephone line-was constructed before the railroad company had definitely located its line, and the further fact that the telephone line was not interfering with the proper and safe operation of the railroad, and was not a nuisance. These declarations are against the weight of the evidence, but have substantial evidence to…
2Cases cited6 opinions
- Evans v. United StatesSupreme Court of the United States · 1894
- Potter v. United StatesSupreme Court of the United States · 1894
- Felton v. United StatesSupreme Court of the United States · 1877
- Spurr v. United StatesSupreme Court of the United States · 1899
- Reichert v. St. L. & S. Fr. Ry.Supreme Court of Arkansas · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. MurdockSupreme Court of the United States · 1934
- Bryan v. United StatesSupreme Court of the United States · 1998
- Townsend v. United StatesCourt of Appeals for the D.C. Circuit · 1938
- State v. PetersIdaho Supreme Court · 1927
- Arkansas State Highway Commission v. Southwestern Bell Telephone Co.Supreme Court of Arkansas · 1944
7 more not listed; retrieve them via the Exa API.