Barton v. Cumberland Telephone & Telegraph Co.

Citations

• 116 La. 125
• 40 So. 590
• 1906 La. LEXIS 476

Syllabus

<p>Tobts — Cutting Telephone Wires — Liability or Company.</p> <p>Plaintiff was in the lawful possession of a telephone instrument at his country house; the poles were furnished by him, and the connecting wire (connecting them) by defendants. The defendants, it appears, on hearing of exception (admitting facts), without cause, illegally and wantonly cut the wire connecting the telephone box at his house with defendant’s system.</p> <p>Plaintiff alleges that this illegal and malicious act caused damages for which he asks to recover, separate and apart from his action on the contract. He specially alleges trespass and consequent damages. To the extent that the action is ex delicto, a suit lies. To that extent only the judgment is sustained.</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>