Cumberland Telephone & Telegraph Co. v. Avritt
Court of Appeals of Kentucky
Case 5. — ACTION BY JAMES T. AVRITT, &c„ AGAINST THE CUMBERLAND TELEPHONE & TELEGRAPH CO., &c., FOR DAMAGES TO PLAINTIFFS LAND IN BUILDING A TELEPHONE LINE ON THE PUBLIC HIGHWAY WHICH HAD BEEN GRANTED BY THE PLAINTIFFS’ ANCESTOR. Appeal from Marion Circuit Court. Chas. Pattbson, Circuit Judge. Judgment for plaintiffs. Defendants appeal. POINTS AND AUTHORITIES. 1. A telephone line on a rural public -highway is not an additional servitude.
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Case 5. — ACTION BY JAMES T. AVRITT, &c„ AGAINST THE CUMBERLAND TELEPHONE & TELEGRAPH CO., &c., FOR DAMAGES TO PLAINTIFFS LAND IN BUILDING A TELEPHONE LINE ON THE PUBLIC HIGHWAY WHICH HAD BEEN GRANTED BY THE PLAINTIFFS’ ANCESTOR. Appeal from Marion Circuit Court. Chas. Pattbson, Circuit Judge. Judgment for plaintiffs. Defendants appeal. POINTS AND AUTHORITIES. 1. A telephone line on a rural public -highway is not an additional servitude. (Kentucky Constitution, section 199, 163’; Lexington & Ohio R. R. Co. v. Applegate, 8 Dana, 289; Louisvilie Bagging Mfg. Co. v. Central Passenger Railway…
1Opinion of the Court
Opinion by
Chief Justice Hobson.
Reversing.
The Lebanon & Bradfordsville Turnpike Company in the year 1855 built a turnpike road from Lebanon to Bradfordsville. For the distance of about half a mile the pike was constructed through the farm of John Avritt. From the time the road was built it *37was -used as a toll road until a few years before this suit was brought, when it was bought by Marion county, and became a free public highway. Before the sale to the county, however, in July, 1895, the Lebanon, Louisville & Lexington Telephone Company was given the right to build and maintain a telephone…
2Cases cited11 opinions
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Cater v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1895
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Bearce v. BassSupreme Judicial Court of Maine · 1896
- Magee v. OvershinerIndiana Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of Owensboro v. Cumberland Telephone & Telegraph Co.Court of Appeals for the Sixth Circuit · 1909
- Frazier v. East Tennessee Telephone Co.Tennessee Supreme Court · 1905
- Dick v. Sprint Communications Co.District Court, W.D. Kentucky · 2014
- Kentucky Utilities Co. v. Woodrum's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1928
- Bevis v. Vanceburg Telephone Co.Court of Appeals of Kentucky · 1905
8 more not listed; retrieve them via the Exa API.