Irvine v. Postal Telegraph-Cable Co.

This is an appeal from a judgment following an order sustaining defendant’s general demurrer to plaintiff’s second amended complaint.

The complaint alleges the execution of a written contract on April 29, 1893, between the plaintiff and defendant’s predecessor in interest, the Pacific Postal Telegraph-Cable Company, and the assignment of the contract by the Pacific Postal Telegraph Company to defendant; that by the terms of the contract plaintiff granted to the Telegraph Company a right of way and easement to construct and maintain poles for telegraph lines across his property. The alleged…