Teeter v. . Telegraph Co.

Defendant denied liability and pleaded the three years statute of limitations, Revisal, sec. 5, subsec. 3.

The summons seems to have been issued in December, 1914, of January, 1915, and there was evidence tending to show that the poles were originally placed on plaintiff's land and on the right of way of the North Carolina Railroad Company more than four years before that date, and that in 1909, owing to the fact that the Southern Railway, lessee of North Carolina Railroad, had constructed a double track, the defendant moved its poles and lines further out into plaintiff's field, where it was…