Cumberland Telegraph & Telephone Co. v. United Electric Railway Co.

G. W. Pickle, Sp. J.

This is a suit by a telephone company against an electric street railway company to recover damages inflicted upon the telephone plant by the contiguous railway plant. The plaintiff has appealed from an adverse judgment and assigned errors.

*496The facts are practically undisputed, and, so far as they are material or pertinent to the questions to he determined, are as follows: The plaintiff, a Kentucky corporation, had, prior to 1889, established, in the city of Nashville, a telephone plant upon the “single wire” plan or system. The earth, under this system, is used as the…