Board of Trade Telegraph Co. v. Barnett

This was an action of trespass quaere clausum fregit, brought by Kimbro T. Barnett, against the Board of Trade Telegraph Company. The declaration is in the usual form, the gravamen of the action being that defendant entered with force and violence upon the premises of plaintiff, and dug holes and erected- thereon telegraph poles upon which to place its wires. The pleas of not guilty and liberum tenementnm, originally filed to the declaration, were both withdrawn, and the matters insisted upon as a defence to the action were embraced in five special pleas. The substance of the first three…