St. Paul Realty & Assets Co. v. Tri-State Telephone & Telegraph Co.
Supreme Court of Minnesota
Action in tbe district court for Ramsey county to recover $2,900 for defendant’s negligence in tbe construction and maintenance of certain telephone lines, to have defendant ordered to remove the wires, and to restrain it from further injuring the trees on the boulevard in front of plaintiff’s premises. The answer was a general denial. The case was tried before Olin B. Lewis, L, and a jury which returned a verdict of $300 in favor of plaintiff.
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Action in tbe district court for Ramsey county to recover $2,900 for defendant’s negligence in tbe construction and maintenance of certain telephone lines, to have defendant ordered to remove the wires, and to restrain it from further injuring the trees on the boulevard in front of plaintiff’s premises. The answer was a general denial. The case was tried before Olin B. Lewis, L, and a jury which returned a verdict of $300 in favor of plaintiff. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new-trial, it appealed.
1Opinion of the CourtPhilip E. Brown, J.
Appeal by defendant from an order denying its alternative motion after verdict in favor of plaintiff for $300.
Tbe complaint charges defendant with negligent construction and maintenance, for several years, of its telephone line along an avenue in St. Paul, whereby its wires came in contact with the branches of valuable shade trees situated on plaintiff’s property and boulevard and destroyed them. Defendant admitted the construction, maintenance, and operation of the line, and denied all other claims.
1. R. L. 1905, § 2927, authorizes telephone companies to erect poles and lines in roads and…
2Cases cited7 opinions
- Cater v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1895
- Evans v. . Keystone Gas Co.New York Court of Appeals · 1895
- Tissot v. Great Southern Telegraph & Telephone Co.Supreme Court of Louisiana · 1887
- Irwin v. Great Southern Telephone Co.Supreme Court of Louisiana · 1885
- Wyant v. Central Telephone Co.Michigan Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Norman Milling & Grain Co. v. BethuremSupreme Court of Oklahoma · 1914
- Miller-Lagro v. Northern States Power Co.Supreme Court of Minnesota · 1998
- Hurlbut v. Union Telephone Co.Wisconsin Supreme Court · 1918
- Miller-Lagro v. Northern States Power Co.Court of Appeals of Minnesota · 1997
- Norman Milling & Grain Co. v. BethuremSupreme Court of Oklahoma · 1914