Postal Telegraph & Cable Co. v. Gulf & S. I. R. R.
Mississippi Supreme Court
Appeal from the chancery court of Forest county. Hon. J. Morgan Stevens, Chancellor. Bill by the Postal Telegraph & Cable Company and the Mississippi Home Telephone Company, cross-complainants, against the Gulf & Ship Island Eailroad Company. From a decree for defendant, cross-complainants appeal.
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Appeal from the chancery court of Forest county. Hon. J. Morgan Stevens, Chancellor. Bill by the Postal Telegraph & Cable Company and the Mississippi Home Telephone Company, cross-complainants, against the Gulf & Ship Island Eailroad Company. From a decree for defendant, cross-complainants appeal. The Mississippi Plome Telephone Company acquired by condemnation a right of way for its line of poles and wires from the city of Jackson to the city of Hattiesburg over the right of way*of the appellee, Gulf & Ship Island Eailroad Company for the purpose of carrying on its telephone business. The…
1Opinion of the CourtHolden, J.
The record in this case presents two questions for our consideration, viz.: First, whether or not the tele*772graph company was a trespasser; and, second, whether or not the railroad company is liable to the telegraph and telephone companies in damages, regardless of whether the telegraph company was a trespasser or not. It is conceded by counsel for the appellants that the right acquired by the telephone company from the railroad company was a mere easement on the right of way of the railroad company. The question arises as to what were the 'powers and rights of the telephone company under the…
2Cases cited3 opinions
- Fort Worth & Rio Grande Railway Co. v. JenningsTexas Supreme Court · 1890
- Grier v. WardSupreme Court of Georgia · 1857
- Mead v. PollockAppellate Court of Illinois · 1901
3Cited by3 opinions
- Sears v. Summit, Inc.Wyoming Supreme Court · 1980
- Ball v. American Telephone & Telegraph Co.Mississippi Supreme Court · 1956
- Louisville & N. R. v. JoullianMississippi Supreme Court · 1917