Irwin v. Great Southern Telephone & Telegraph Co.

On Motion to Dismiss.

The opinion of the Court was delivered by

Manning, J.

The motion is based on tbe allegation that the order appealed from is interlocutory and cannot work irreparable injury.

The suit is an injunction of erecting a telegraph pole in front of the plaintiff’s property because it will interfere with access to it, and will obstruct Ms lights and view, and will become a permanent nuisance. On application of the defendant the injunction was dissolved on a bond of $2,500, under art. 307 Code Prac. The appeal is from this order for dissolution.

*773The sum claimed as damages in the…