Erie Comity Electric Co. v. Mutual Telephone Co.
Supreme Court of Pennsylvania
Appeal, No. 34, Jan. T., 1919, by plaintiff, from order of C. P. Erie Co., Sept. T., 1915, No. 263, refusing to take off nonsuit in case of Erie County Electric Company v. Mutual Telephone Company. Trespass to recover the amount of a judgment which plaintiff was compelled to pay. Before Criswell, P. J., specially presiding. The court entered a compulsory nonsuit, which it subsequently refused to take off. Plaintiff appealed. .Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
The pole lines of the Erie County Electric Company and the Mutual Telephone Company are on the east side of Sassafras street, in the City of Erie. At a certain point on these lines the telephone company erected a pole, which passed between the wires of the electric company. It extended fifty feet above the ground. The poles of i the electric company were but thirty feet high, its wires being lower than those of the telephone company. After erecting the high pole the telephone company attached wires of the electric company to it by a bracket, the nearest wire…
2Cases cited5 opinions
- Fitzgerald v. Edison Electric Illuminating Co.Supreme Court of Pennsylvania · 1901
- Follansbee v. WalkerSupreme Court of Pennsylvania · 1873
- Weckerly v. Ministers of the German Lutheran CongregationSupreme Court of Pennsylvania · 1831
- Phillips v. Erie County Electric Co.Supreme Court of Pennsylvania · 1915
- Hipple v. Edison Electric Illuminating Co.Supreme Court of Pennsylvania · 1913
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- Grasberger v. Liebert & Obert, Inc.Superior Court of Pennsylvania · 1938
- Buell v. HallSupreme Court of Oklahoma · 1934