Cumberland Telephone & Telegraph Co. v. Cassedy
Mississippi Supreme Court
From the circuit court of Lincoln county. Hon. Robert Powell, Judge. Cassedy, the appellee, was plaintiff in the court below; the Cumberland Telephone and Telegraph Company was defendant there. The action was trespass for cutting shade trees on the iine between the sidewalk and the street opposite plaintiff’s lots in the city of Brookhaven. The defendant had applied to the municipal authorities of the city for, and had obtained their authority to cut the trees.
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From the circuit court of Lincoln county. Hon. Robert Powell, Judge. Cassedy, the appellee, was plaintiff in the court below; the Cumberland Telephone and Telegraph Company was defendant there. The action was trespass for cutting shade trees on the iine between the sidewalk and the street opposite plaintiff’s lots in the city of Brookhaven. The defendant had applied to the municipal authorities of the city for, and had obtained their authority to cut the trees. It applied to Cassedy for leave to do so, claiming that the trees would interfere with its wires then being erected, but the…
1Opinion of the CourtTerral, J.
The appellee is the owner of a lot of land in the city of Brookhaven, upon which were two shade and ornamental trees *670growing upon the line between the sidewalk and street. The tops of these trees were cut out, one of them some eight feet, and the other something less, by the appellant telephone company, because they were in the way of its telephone line. The appellee was applied to by the servants of the appellant for permission to top his trees, and he refused such permission and forbade them from cutting his trees. The appellant had the authority of the city council and the direction of the…
2Cases cited4 opinions
- The Anderson v. KernodleIndiana Supreme Court · 1876
- Republican Valley Railroad v. FinkNebraska Supreme Court · 1885
- Storm v. GreenMississippi Supreme Court · 1875
- Best v. AllenIllinois Supreme Court · 1862
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- Yazoo & Mississippi Valley Railroad v. WilliamsMississippi Supreme Court · 1905
- Investment Securities Corp. v. ColeCourt of Appeals of Georgia · 1937
- Slaughter v. Meridian Light & Railway Co.Mississippi Supreme Court · 1909
- Norman Milling & Grain Co. v. BethuremSupreme Court of Oklahoma · 1914
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