Legal Opinion

Frazier v. East Tennessee Telephone Co.

Tennessee Supreme Court

Decided September 15, 1905PublishedCited by 14 opinions

FROM HAMILTON. Appeal from the Chancery Court of Hamilton County. — D. L. Lansden, Chancellor. Mr. Justice Neil made a statement of the facts as follows: The question to be determined in this case arises upon the following statement of facts, which we adopt from the findings of the court of chancery appeals, yiz.: “Some 20 or more years ago complainants, husband and wife, bought a tract of some seventy acres of land on the north side of the Tennessee river opposite…

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FROM HAMILTON. Appeal from the Chancery Court of Hamilton County. — D. L. Lansden, Chancellor. Mr. Justice Neil made a statement of the facts as follows: The question to be determined in this case arises upon the following statement of facts, which we adopt from the findings of the court of chancery appeals, yiz.: “Some 20 or more years ago complainants, husband and wife, bought a tract of some seventy acres of land on the north side of the Tennessee river opposite Chattanooga. The title to this land was taken in them jointly. They platted a portion of this land into blocks, streets, and…

1Opinion of the CourtJustice Neil

The question arising on the foregoing facts is whether telephone poles and wires constitute an additional burden upon complainants’ fee for which they are entitled to compensation.

In support of the liability, the following cases and text-writers are cited by complainants’ counsel, viz.: Eels v. Tel. Co., 143 N. Y., 133, 38 N. E., 202, 25 L. R. A., 640; Tel. Co. v. Barnett, 107 Ill., 507, 47 Am. Rep., 453; Tel. Co. v. Eaton, 170 Ill., 513, 49 N. E., 365, 39 L. R. A., 722, 62 Am. St. Rep., 390; Daily v. State, 51 Ohio St., 348, 37 N. E., 710, 24 L. R. A., 724, 46 Am. St. Rep., 578; Callen v.…

2Cases cited33 opinions

  1. Cater v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1895
  2. Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
  3. Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
  4. Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
  5. Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895

28 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Pack v. Southern Bell Telephone & Telegraph Co.Tennessee Supreme Court · 1965
  2. Kerlin v. Southern Bell Telephone & Telegraph Co.Supreme Court of Georgia · 1941
  3. Roaring Springs Townsite Co. v. Paducah Telephone Co.Court of Appeals of Texas · 1914
  4. Leppard v. Central Carolina Telephone Co.Supreme Court of South Carolina · 1944
  5. Crawford v. Alabama Power Co.Supreme Court of Alabama · 1930

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