Shuster v. Central District & Printing Telegraph Co.
Supreme Court of Pennsylvania
Appeal, No. 145, April T., 1907, by defendant, from judgment of O. P. Butler Co., Dec. T., 1904, No. 16, on verdict for plaintiff in case of Grant Shuster v. The Central District & Printing Telegraph Company. Appeal from award of jury of view. Before Galbreath, P. J. When William Nolf was on the stand he was asked this question: “ Q. That makes this damage $4,280 ; you say $500 you allow for the telephone poles standing on the highway, is that correct? A. Yes, sir.
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Appeal, No. 145, April T., 1907, by defendant, from judgment of O. P. Butler Co., Dec. T., 1904, No. 16, on verdict for plaintiff in case of Grant Shuster v. The Central District & Printing Telegraph Company. Appeal from award of jury of view. Before Galbreath, P. J. When William Nolf was on the stand he was asked this question: “ Q. That makes this damage $4,280 ; you say $500 you allow for the telephone poles standing on the highway, is that correct? A. Yes, sir. Q. That would leave $3,780 for damage by lightning; you say the rest, $3,780, is allowed because you were afraid lightning would…
1Opinion of the Court
Opinion by
Head, J.,
The defendant, in the exercise of its corporate franchises, constructed a telephone line along a public road that passed through and over the farm of the plaintiff. Within the limits of his property there were planted, along the roadside, twenty-three poles carrying cross arms and wires. .The nearest pole to any of his buildings was one standing in the neighborhood of thirty feet from the barn. The damages suffered by the plaintiff were assessed first by a board of viewers and afterwards, on appeal from their report, by a jury. The assignments of error based on the rulings…
2Cases cited4 opinions
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- Wallace v. Jefferson Gas Co.Supreme Court of Pennsylvania · 1892
- Clements v. Phila. Co.Superior Court of Pennsylvania · 1896
- Sunbury & Erie Railroad v. HummellSupreme Court of Pennsylvania · 1856
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