BURKE v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO.

No. 2200.

42 F.2d 742 (1930)

BURKE v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO.

District Court, S. D. Alabama.

July 23, 1930.


Attorney(s) appearing for the Case

Smith & Johnston, of Mobile, Ala., and Pettus & Fuller, of Selma, Ala., for libelant.

E. D. Smith, of Atlanta, Ga., Mallory, Mallory & Lapsley, of Selma, Ala., and Pillans, Cowley & Gresham, of Mobile, Ala., for exceptant.


ERVIN, District Judge.

The telephone company put up poles, above high water, on each bank of the Alabama river at Selma, and stretched its wires across the river. A river steamer, belonging to libelant, came up the river, and the wires caught her smokestacks damaging the boat, and this libel in tort is filed to recover such damage because of the alleged negligence in stretching the wires across a navigable stream.

Exceptions are filed questioning the jurisdiction...

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