Tri-County Mutual Telephone Co. v. Bridgewater Electric Power Co.
South Dakota Supreme Court
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
- Western Union Telegraph Co. v. Guernsey & Scudder Electric Light Co.Missouri Court of Appeals · 1891
- Edison Electric Light & Power Co. v. Merchants' & Manufacturers' Electric Light, Heat & Power Co.Supreme Court of Pennsylvania · 1901
- Western Union Tel. Co. v. Los Angeles Electric Co.U.S. Circuit Court for the District of Southern California · 1896
- Nebraska Telephone Co. v. York Gas & Electric Light Co.Nebraska Supreme Court · 1889
3Cited by1 opinion
- Dakota Central Telephone Co. v. Spink County Power Co.South Dakota Supreme Court · 1920