Kirby v. Citizens' Tel. Co.
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Joe Kirby against the Citizens’ Telephone Company of Sioux Falls for an injunction. From an order vacating a preliminary injunction, plaintiff appeals. The use of the street for telephone poles is not a street use proper, and is a new burden or servitude thereon, inconsistent with the use of the street for travel.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Joe Kirby against the Citizens’ Telephone Company of Sioux Falls for an injunction. From an order vacating a preliminary injunction, plaintiff appeals. The use of the street for telephone poles is not a street use proper, and is a new burden or servitude thereon, inconsistent with the use of the street for travel. Donovan v. Allert 91 N. W. 441. The city possesses only such power as is expressly conferred upon it, or necessary, not merely convenient, for the exercise of such express power. Sioux Falls v. Kirby…
1Opinion of the CourtCorson, J.
This is an appeal from an order dissolving a temporary injunction, and the question presented for our consideration is, does the erection of a telephone system in the streets of a city constitute an additional servitude, not imposed by the original appropriation, dedication or condemnation of the streets for public use, for which the .abutting property owners are entitled to compensation? It is alleged in the plaintiff’s complaint and admitted by the answer that the plaintiff is the .owner of two lots .fronting on Duluth avenue, in the city of Sioux Falls, on which he resides, and that be*364tween…
2Cases cited12 opinions
- Cater v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1895
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Attorney General v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1878
- Bearce v. BassSupreme Judicial Court of Maine · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Aberdeen Cable TV Service, Inc. v. City of AberdeenSouth Dakota Supreme Court · 1970
- Hall v. Lea County Electric Cooperative, Inc.New Mexico Supreme Court · 1968
- Spangler v. City of MitchellSouth Dakota Supreme Court · 1915
- Frazier v. East Tennessee Telephone Co.Tennessee Supreme Court · 1905
- Cumberland Telephone & Telegraph Co. v. AvrittCourt of Appeals of Kentucky · 1905
9 more not listed; retrieve them via the Exa API.