Blue Earth Valley Telephone Co. v. Commonwealth Utilities Co.
Supreme Court of Minnesota
Action in the district court for Blue Earth county to enjoin defendant from operating its electric lines between the village of Winnebago and the village of Elmore; to require defendant to locate its lines and wires as far from plaintiff’s lines as existing conditions permit and for $2,000 damages and for a restraining order pendente lite.
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Action in the district court for Blue Earth county to enjoin defendant from operating its electric lines between the village of Winnebago and the village of Elmore; to require defendant to locate its lines and wires as far from plaintiff’s lines as existing conditions permit and for $2,000 damages and for a restraining order pendente lite. Among other matters the answer to the amended complaint alleged that the disturbances produced upon plaintiff’s lines and all injury and damage to its telephone lines and systems by the construction and operation of defendant’s transmission line, were clue…
1Opinion of the CourtHolt, J.
The appeal is from an order sustaining a demurrer to a counterclaim.
It is necessary to state generally the cause of action set forth by plaintiff. Plaintiff’s business is indicated by its name. The defendant is a corporation engaged in the transmission and sale of electric current for light and power. Both are authorized to occupy public highways in this state with poles carrying the wires used in their business. Plaintiff had so occupied certain highways for a long time, when defendant began thereon to erect its poles and string its wires for transmitting to different cities and villages…
2Cases cited7 opinions
- Allen v. CoatesSupreme Court of Minnesota · 1882
- Jones v. SwankSupreme Court of Minnesota · 1893
- W. W. Kimball Co. v. MasseySupreme Court of Minnesota · 1914
- Schmidt v. BickenbachSupreme Court of Minnesota · 1882
- First National Bank v. HasieSupreme Court of Kansas · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Steller v. ThomasSupreme Court of Minnesota · 1950
- Jefferson v. HackneySupreme Court of Minnesota · 1924
- Habedank v. BakerSupreme Court of Minnesota · 1932
- Smola v. City of West St. PaulSupreme Court of Minnesota · 1951