Dyson v. Washington Telephone Co.

(After stating the foregoing facts.)

Should the demurrer have been sustained on the ground that the property sought to be recovered was realty for which an actioD of trover would not lie ? The suit is for the recovery of “certain telephone sets, open wire, cross-arms, brackets, anchors, transportation brackets, poles, telephone equipment, supplies, tools and instruments, switch-boards, and other property” of the plaintiff. None *78of these articles per se are realty. On the contrary they are, standing alone, personalty. But in the petition it is alleged that these articles are fully described in…