Cumberland Telephone & Telegraph Co. v. Martin

Citations

• 93 Miss. 505
• 46 So. 247

Syllabus

<p>'Trespass. Cutting trees. Penalties. Code 1906, § 4977.</p> <p>Where defendant had maintained telephone wires along the side of a road, and had cut out the undergrowth which interfered with the wires, without objection for seven years before plaintiff acquired title to the property by descent, defendant’s act in cutting away such small growth as interfered with the operation of the wires thereafter did not constitute a wilful or malicious cutting for which plaintiff could recover statutory penalties.</p>