Legal Opinion

Tri-County Mutual Telephone Co. v. Bridgewater Electric Power Co.

South Dakota Supreme Court

Decided May 1, 1918No. File No. 4299PublishedCited by 1 opinion

Appeal ■ from Circuit Court, McCook Counity. Hon. Joseph W. Jones, Judge. Aotion by (the Tri-County Mutual Telephone Company, a corporation, against the Bridgewater Electric Power 'Company, a Corporation, for am injunction against operation by defendant Of its .electric power transmissiiotu plant in interference with plaintiffs telephone line.

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Appeal ■ from Circuit Court, McCook Counity. Hon. Joseph W. Jones, Judge. Aotion by (the Tri-County Mutual Telephone Company, a corporation, against the Bridgewater Electric Power 'Company, a Corporation, for am injunction against operation by defendant Of its .electric power transmissiiotu plant in interference with plaintiffs telephone line. From an -Order 'sustaining a -demurrer to the complaint, plaintiff appeals: (1) To point one of tfhie opinion, Appellant cited: Edison Electric Light & Bower Co: v. Merchant's M'rg. Electric Light, Heat & Power Company, (Ba.) -49 Alfck 766; 9 Ruling…

1Opinion of the CourtSmith, J.

Appeal from am order sustaining defendant’s demurrer to appellant’s complaint. Tine following lis a sufficient statement of tine ifbcfc stated in tine -complaint to present the questions upon this appeal:

The plaintiff, a South Dakota corporation, pursuant to, 'and in compliance with, the statutes of this state, in a proper manner constructed its telephone lime upon and along .certain highways in McOcOk county, 'and operated ©aid line a number of years prior to September x, 1915.

The -defendant, a corporation, likewise 'organized under the laws of .this state, and being thereunto .duly…

2Cases cited4 opinions

  1. Western Union Telegraph Co. v. Guernsey & Scudder Electric Light Co.Missouri Court of Appeals · 1891
  2. Edison Electric Light & Power Co. v. Merchants' & Manufacturers' Electric Light, Heat & Power Co.Supreme Court of Pennsylvania · 1901
  3. Western Union Tel. Co. v. Los Angeles Electric Co.U.S. Circuit Court for the District of Southern California · 1896
  4. Nebraska Telephone Co. v. York Gas & Electric Light Co.Nebraska Supreme Court · 1889

3Cited by1 opinion

  1. Dakota Central Telephone Co. v. Spink County Power Co.South Dakota Supreme Court · 1920

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