Cumberland Telephone & Telegraph Co. v. Gibson

Fifth Circuit

Cumberland Telephone & Telegraph Co. v. Gibson

114 F. 1019, 51 C.C.A. 685, 1902 U.S. App. LEXIS 4167

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 22, 1902

DocketNo. 1,089

StatusPublished

This text of 114 F. 1019 (Cumberland Telephone & Telegraph Co. v. Gibson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cumberland Telephone & Telegraph Co. v. Gibson, 114 F. 1019, 51 C.C.A. 685, 1902 U.S. App. LEXIS 4167 (5th Cir. 1902).

Pincite

Opinion

PER CURIAM.

There was no error in sustaining the demurrer of the plaintiff to the defendant’s second plea, in which said plea the defendant set up that at the time of the alleged injury complained of in the declaration it had been and was enjoined from operating and repairing its plant and poles and wires, because said plea does not aver that at the time of the alleged injury the defendant was not in fact operating and managing said plant, poles, and wires. We find no error in the rulings of the court, in the admissions of evidence, nor in the instructions to the jury as to the measure of damages. The judgment is affirmed.

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PER CURIAM.

There was no error in sustaining the demurrer of the plaintiff to the defendant’s second plea, in which said plea the defendant set up that at the time of the alleged injury complained of in the declaration it had been and was enjoined from operating and repairing its plant and poles and wires, because said plea does not aver that at the time of the alleged injury the defendant was not in fact operating and managing said plant, poles, and wires. We find no error in the rulings of the court, in the admissions of evidence, nor in the instructions to the jury as to the measure of damages. The judgment is affirmed.

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Bluebook (online)

114 F. 1019, 51 C.C.A. 685, 1902 U.S. App. LEXIS 4167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cumberland-telephone-telegraph-co-v-gibson-ca5-1902.