Legal Opinion

Postal Telegraph-Cable Co. of America v. Nolan

Montana Supreme Court

Decided December 23, 1916No. 3,941PublishedCited by 7 opinions

'Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Action by tbe Postal Telegraph-Cable Company, of Montana, a corporation, against Joseph P. Nolan and others. From an order denying application for injunction pendente lite, discharging an order to show cause, and dissolving a temporary restraining order, plaintiff appeals.

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'Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Action by tbe Postal Telegraph-Cable Company, of Montana, a corporation, against Joseph P. Nolan and others. From an order denying application for injunction pendente lite, discharging an order to show cause, and dissolving a temporary restraining order, plaintiff appeals. Admitting, for the sake of this argument, that appellant committed a wrong in going upon the Jessie Placer and erecting its line thereon without the consent of respondents, it is our contention that instead of taking the law into their own hands, as…

1Opinion of the CourtJustice Holloway

For a considerable period of time the Postal Telegraph-Cable Company has maintained its telegraph lines from Butte through Silver Bow junction to points within and without this state, and has conducted a general telegraph and cable business, sending messages to and receiving messages from points throughout the world. For two years or more the defendants have owned the Pioneer and Jessie Placer claims, located between Butte and Silver Bow. Prior to the fall of 1914 the telegraph company’s pole line and wires followed generally the road between those two points and crossed the Pioneer claim.…

2Cases cited7 opinions

  1. Gurnsey v. Northern California Power Co.California Supreme Court · 1911
  2. Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
  3. Donlan v. Thompson Falls Copper & Milling Co.Montana Supreme Court · 1910
  4. Everett Water Co. v. PowersWashington Supreme Court · 1905
  5. Pennsylvania Co. v. Ohio River Junction RailroadSupreme Court of Pennsylvania · 1903

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

3Cited by7 opinions

  1. Atkinson v. Roosevelt CountyMontana Supreme Court · 1923
  2. Boyer v. KaragacinMontana Supreme Court · 1978
  3. Parsons v. MussigbrodMontana Supreme Court · 1921
  4. Sweeney v. City of ButteMontana Supreme Court · 1922
  5. Mountain States Telephone & Telegraph Co. v. Public Service CommissionMontana Supreme Court · 1959

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

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