Delaware & Atlantic Telegraph & Telephone Co. v. Jordan

Citations

• 25 Del. 67
• 2 Boyce 67
• 78 A. 401
• 1910 Del. LEXIS 73

Syllabus

<p>Husband and Wife — Authority-Evidence—Materiality.</p> <p>Where defendant telephone company dealt with plaintiff’s husband as the owner of a farm abutting a highway on which its line was constructed, and not as the agent of plaintiff, who was the owner in fact, in obtaining from the husband a right to trim trees along the road, evidence that the husband had given permission to an electric light company to cut the trees, which permission was actually exercised and acquiesced in by plaintiff, was inadmissible to show the husband’s agency and authority from his wife in the management of the farm, in an action by her as owner for damages to trees along the highway by reason of trimming done by defendant.</p>