Postal Telegraph Cable Co. v. Keystone State Construction Co.

Citations

• 63 Pa. Super. 486
• 1916 Pa. Super. LEXIS 196

Syllabus

<p>Railroads — Construction, of roadbed — Blasting — Independent contractor — Injury to telegraph line — Trespass—Eminent domain.</p> <p>Where a railroad company in the exercise of its right of eminent domain constructs its roadway through the medium of a contract with an independent contractor, and as a result of blasting, a telegraph company, in order to prevent injuries to its wires and poles, removes them out of danger until the blasting is finished, the telegraph company cannot maintain an action of trespass against the independent contractor to recover the sum which it expended for labor and material in removing the poles and wires and in restoring them to their original location, if the blasting was done without negligence or malice.</p>