Erie Telegraph & Telephone Co. v. Kennedy
Texas Supreme Court
This is an appeal from a judgment for $40 actual and $40 exemplary damages, rendered against appellant for placing a telephone pole upon the premises of appellee, cutting an awning and digging up the sidewalk in so doing. The opinion gives a statement.
1Opinion of the Court
GAINES, Associate Justice.
The appellee sued the appellant corporation to recover damages for an injury to his property resulting from tearing up his sidewalk and cutting a hole in his awning for the purpose of setting a telephone pole. He recovered a judgment for $40 actual damages and for the same amount as exemplary damages.
It is claimed by the appellant .that there was no evidence in the case to warrant a recovery of exemplary damages, and in that proposition we concur. The plaintiff’s house was occupied by tenants at the time of the injury, and while it was shown that neither he nor his…
2Cited by7 opinions
- Bolton v. StewartCourt of Appeals of Texas · 1945
- Scurlock Oil Company v. JoffrionCourt of Appeals of Texas · 1965
- Lusk v. OnstottCourt of Appeals of Texas · 1944
- Sparks v. PonderCourt of Appeals of Texas · 1906
- International Harvester Co. v. KeseyCourt of Appeals of Texas · 1972
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