Legal Opinion

Brammer v. Iowa Telephone Co.

Supreme Court of Iowa

Decided November 21, 1917PublishedCited by 1 opinion

Appeal from Franklin District Court. — R. M. Wright, Judge. Ti-ie action is, in effect, one claiming damages for a trespass committed by the defendant in putting its telephone poles and telephone line upon the land of plaintiff. He had a verdict.

1Opinion of the CourtSalinger, J.

1. Telegraphs AND TELEPHONES : construction : . following good-faith survey by engineer. It is charged in the petition that for what defendant did, it “never received any permit.” A general denial interposed challenges this averment. A motion to direct verdict for defendant asserts that the evidence fails to prove that the line complained of is not located within a highway legally laid out and established on the west side of the plaintiff’s land, and that the line is upon plaintiff’s land. Further, that, if a verdict should go against defendant, it would be the duty of the court to set such…

2Cases cited5 opinions

  1. Hendershott v. City of OttumwaSupreme Court of Iowa · 1877
  2. Pollard v. BaldwinSupreme Court of Iowa · 1867
  3. Wolfe v. Erie Telegraph & Telephone Co.United States Circuit Court · 1887
  4. Taeger v. RiepeSupreme Court of Iowa · 1894
  5. State ex rel. Hart v. RosencransSupreme Court of Iowa · 1884

3Cited by1 opinion

  1. Sheridan County v. SpiroWyoming Supreme Court · 1985

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