Wade v. Carolina Telephone & Telegraph Co.
Supreme Court of North Carolina
ActxoN tried before Jones, and a jury, at October Term, 1907, of CumbeblaNd. The plaintiff alleges that the defendant entered upon his land, dug holes thereon, placed poles and swung wires upon them over and across the land, and thereby occupied and appropriated it to its use; that by such entry and appropriation he has sustained damage, by reason of the decreased value of his land, to the amount of $'200. Defendant denies that it has placed any poles or strung any wires…
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ActxoN tried before Jones, and a jury, at October Term, 1907, of CumbeblaNd. The plaintiff alleges that the defendant entered upon his land, dug holes thereon, placed poles and swung wires upon them over and across the land, and thereby occupied and appropriated it to its use; that by such entry and appropriation he has sustained damage, by reason of the decreased value of his land, to the amount of $'200. Defendant denies that it has placed any poles or strung any wires over plaintiff’s land. It admits that, more than three years prior to the beginning of the action, it placed its poles and…
1Opinion of the Court
CoNNOR, J.,
after stating the case: The exceptions to the admission of evidence cannot be sustained. The measure of plaintiff’s damage is the diminution in the value of the land by the occupation and appropriation of it to the extent of the easement acquired by defendant under its charter in placing and keeping its poles and wires thereon. The action is not for trespass, in which the damage may be assessed to the time of the trial for the real injury done the land. The plaintiff, treating the defendant’s act as an appropriation of his land for the purpose of maintaining its telephone line,…
2Cases cited5 opinions
- Clary's Administrators v. ClarySupreme Court of North Carolina · 1841
- Insurance Co. v. RailroadSupreme Court of North Carolina · 1905
- Yost v. ConroyIndiana Supreme Court · 1883
- Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902
- Taylor v. Security Life & Annuity Co.Supreme Court of North Carolina · 1907
3Cited by18 opinions
- United States v. 25.406 ACRES OF LAND, ETC.Court of Appeals for the Fourth Circuit · 1949
- Cade v. United StatesCourt of Appeals for the Fourth Circuit · 1954
- State Highway & Public Works Commission v. HartleySupreme Court of North Carolina · 1940
- United States v. Land in Dry Bed of Rosamond Lake, Cal.District Court, S.D. California · 1956
- R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1915
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