Meyer v. Standard Telephone Co.
Supreme Court of Iowa
Appeal from Dubuque District Court.- — HoN. M. C. Matthews, Judge. Action to recover damages for the careless, needless, and willful cutting of trees by the employes of the defendant company. Defendant pleaded that it had the right to use a highway in front of plaintiff’s property, that in so doing it had the right to cut and trim some trees in order to erect its line, and denied any careless or needless cutting.
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Appeal from Dubuque District Court.- — HoN. M. C. Matthews, Judge. Action to recover damages for the careless, needless, and willful cutting of trees by the employes of the defendant company. Defendant pleaded that it had the right to use a highway in front of plaintiff’s property, that in so doing it had the right to cut and trim some trees in order to erect its line, and denied any careless or needless cutting. On these issues the case was tried to a jury, resulting in a verdict and judgment for plaintiff, and defendant appeals.'
1Opinion of the CourtDeemer, C. J.
The evidence has been stricken from the record on motion, and the question presented by the assignments of error relate to the correctness of the instructions given and refused. The court in its charge told the jury that defendant had the right to reasonably and in good faith cut and trim limbs of trees which interfered with the placing of poles and stringing of wires, and that, if it did no more than this, plaintiff could not recover. Its tenth instruction summarizes the issues, and states the law applicable thereto. As this instruction is not challenged, it is the law of the case. *515We here…
2Cases cited2 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Disbrow v. . Westchester Hardwood Co.New York Court of Appeals · 1900
3Cited by5 opinions
- Walters v. Iowa Electric Co.Supreme Court of Iowa · 1927
- Moss v. Peoples California Hydro-Electric Corp.Oregon Supreme Court · 1930
- Norman Milling & Grain Co. v. BethuremSupreme Court of Oklahoma · 1914
- Altpeter v. Postal Telegraph-Cable Co.California Court of Appeal · 1917
- Norman Milling & Grain Co. v. BethuremSupreme Court of Oklahoma · 1914