Postal Telegraph & Cable Co. v. Gulf & S. I. R. R.

Citations

• 110 Miss. 770
• 70 So. 833

Syllabus

<p>1. Telegraphs and Telephones. Construction of lines. Railroad’s right of way. Servitude. Trespasser.</p> <p>Where a telephone company acquired by condemnation a right of way for its line of poles over the right of way of a railroad company, it had no right to lease to a telegraph company the right to place one of its wires on the already erected poles of such telephone company without the consent of the railroad company, since the construction of the telegraph line would constitute an additional servitude on the railroad’s right of way.</p> <p>2. Same.</p> <p>In such case the telegraph company in stringing its line on the poles of the telephone company was a mere trespasser and the railroad company had the right to remove from its premises such wire, using only such force and means as was reasonably necessary to preserve its own property.</p> <p>3. Same.</p> <p>In such case where the railroad company cut the telephone wire in numerous places in such a manner as to render it practically valueless, the telegraph company had a right to recover from it damages sufficient to remind the railroad company of the fact that it committed a wrong, and to compensate it for the injury sustained.</p>