Marshall v. American Telegraph & Telephone Co.

Citations

• 16 Pa. Super. 615
• 1901 Pa. Super. LEXIS 117

Syllabus

<p>Telegraph companies — Cutting trees — Act of June 2,1891, P. L. 170.</p> <p>The Act of June 2, 1891, P. L. 170, relating to the cutting of trees by telegraph and telephone companies, is very general in its provisions, and will cover any damages which may be suffered by reason of the cutting of trees whether planted by the roadside or on enclosed or unenclosed land adjoining the same, if done in the exercise of the right of eminent domain. If, however, there has been negligence or wantonness or unnecessary cutting, the remedy is by an action of trespass.</p> <p>Telegraph companies — Statutes—Acts of June 8, 1881, P. L. 82, and June 2, 1891, P. L. 170 — Repeal.</p> <p>The Act of June 8, 1881, P. L. 82, relating to the wanton destruction of trees was not repealed by the Act of June 2,1891, P. L. 170, entitled “ An act providing for the recovery of damages to trees along public highways by telegraph, telephone and electric light companies.”</p> <p>In a proceeding under the Act of June 2, 1891, P. L. 170, to recover damages for the cutting of trees by a telegraph company, the defense that the plaintiff received a part of the damages awarded in proceedings under the Act of June 8,1881, P. L. 82, cannot be considered where it appeal’s that the record of the court of quarter sessions in the proceedings under the act of June 8, 1881, has not been offered in evidence.</p> <p>Telegraph companies — Damages—Cutting trees — Act of June 2, 1891, P. L. 170.</p> <p>In a proceeding to assess damages against a telegraph company under the Act of June 2, 1891, P. L. 170, for cutting trees, the measure of damages is the value of the property before and the value of the property after the cutting of the trees.</p> <p>Where a property is used for a summer residence, to measure the damages by the value of the young and growing trees which were cut down, for commercial purposes, would be manifestly wrong.</p>