Legal Opinion

Readfield Telephone & Telegraph Co. v. Cyr

Supreme Judicial Court of Maine

Decided May 22, 1901PublishedCited by 15 opinions

Agreed statement. Trespass for tearing down and removing telephone lines, brackets and insulators put up in the highway by tbe plaintiff, and claimed to have been bought by it as personal property at sale on execution against the Dirigo Telephone Co. The case was reported to this court from the Superior Court for Kennebec county. Fixtures becoming real property: 8 Am. & Eng.

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Agreed statement. Trespass for tearing down and removing telephone lines, brackets and insulators put up in the highway by tbe plaintiff, and claimed to have been bought by it as personal property at sale on execution against the Dirigo Telephone Co. The case was reported to this court from the Superior Court for Kennebec county. Fixtures becoming real property: 8 Am. & Eng. Enc. p. 48 ; 1 Rice on Real Property, p. 52; 1 Kerr on Real Property, p. 111; Ashmun v. Williams, 8 Pick. 402 ; Marcy v. Darling, 8 Pick. 282; Aldrich y. Parsons £ Latham, 6 N. H. 555; Binney's case, 2 Bland’s Ch. Rep.…

1Opinion of the CourtPowers, J.

On November 4, 1898, the telephone line of the Dirigo Telephone Co., located in the public highway and running from Mt., Vernon village in Mt. Vernon to Chandler’s Mills in Belgrade, with the poles, wires, and insulators on the same, was sold as personal property on an execution against said company and after-wards conveyed by the purchaser to the plaintiff corporation, which then strung a second wire upon said poles. The defendants acting as the agents of the Dirigo Co., in October, 1899, tore down a part of the line, insulators, and brackets put up by the plaintiff, and for the injury so…

2Cases cited5 opinions

  1. McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
  2. Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
  3. American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
  4. Aldine Manufacturing Co. v. BarnardMichigan Supreme Court · 1891
  5. Tolles v. Winton, Exrs.Supreme Court of Connecticut · 1893

3Cited by15 opinions

  1. First Nat. Bank of Boston v. Maine Turnpike Auth.Supreme Judicial Court of Maine · 1957
  2. Central Maine Power Co. v. Waterville Urban Renewal AuthoritySupreme Judicial Court of Maine · 1971
  3. Opinion of the Justices of the Supreme Judicial Court Given Under the Provisions of Section 3 of Article VI of the Constitution Question Propounded by the Senate in an Order Dated April 24, 1957Supreme Judicial Court of Maine · 1957
  4. Searle v. Town of BucksportSupreme Judicial Court of Maine · 2010
  5. Ark. State Highway Comm. v. Ark. Power & Light Co.Supreme Court of Arkansas · 1959

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