Lundeen v. Livingston Electric Light Co.
Montana Supreme Court
Appeal from Sixth Judicial District,. Park County. Action for damages for personal injuries. The case was. tried before Henry, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion.. This is an action for damages for personal injuries.
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Appeal from Sixth Judicial District,. Park County. Action for damages for personal injuries. The case was. tried before Henry, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion.. This is an action for damages for personal injuries. It appears from the record that the defendant corporation was on the 3d day of July, 1892, the owner of a franchise obtained from the city of Livingston, authorizing it to own and operate an electric light plant for the purpose of lighting said city, and was on said day operating said plant, with poles and wires put up and…
1Opinion of the CourtPemberton, C. J.
The defendant contends that the evidence is insufficient to sustain the verdict, in that there is no evidence that the post and wire, or either of them, constitute an obstruction of the free use of the streets, in their ordinary and usual use.
We think the evidence is ample to support the finding in this particular. The evidence is that the post to which the wire was attached was five or six feet high; that the wire was fastened to it about four or five feet above the ground. The post was placed in the street some two feet, at least, from the edge of the sidewalk. We think that the wire was…
2Cases cited7 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
- Hull v. City of KansasSupreme Court of Missouri · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
- Burns v. EmingerMontana Supreme Court · 1929
- Cannon v. LewisMontana Supreme Court · 1896
- Meisner v. City of DillonMontana Supreme Court · 1903
11 more not listed; retrieve them via the Exa API.