Graves v. City & Suburban Telegraph Ass'n

THOMPSON, District Judge.

The case is submitted upon demurrer to the petition, the grounds of demurrer being, first, that the petition does not state facts sufficient to constitute a- cause of action; second, that there is a misjoinder of parties defendant; third, that separate causes of action against the several defendants are improperly joined.

The petition shows that a pole of the telephone company erected on Harrison avenue for the purpose of carrying its wires had iron spikes driven into it at intervals along its sides, to serve as steps to enable persons having occasion to do so to…