The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-03-06
j. NJ. Nolan Brings Action
Against Wisconsin Central
Involving New Points of
Law Plaintiff Claims
Right to Put Up Telephone
: Wires From st. Paul to
Four Lakes.

The law firm of Stevens, O'Brien,
Cole & Albrecht began suit in the dis
trict court yesterday for Joseph M.
Nolan against the Wisconsin Central
railway for $1,000 damages, because the
railway company interfered to induce
the Western Union Telegraph company
to deny the right to plaintiff to string
telephone wires on the poles between
st. Paul and the PLAINTIFFS residence
at Four Lakes, a former station two
miles beyond North st. Paul.
The filing of the suit is the last move
in chain of troubles growing out of
the failure of the Wisconsin Central to
keep the letter of contract made
years ago in order to secure right of
way across the farm now owned by
plaintiff. Mr.. Nolan is a member of
the we'll known firm of lumber manu-
facturers, Nolan Bros.
In order that the present case may
be more Ineligible a brief statement
of the circumstances leading up to it
is necessary. In May, 1884, Thomas
Metcaif owned the land in question
and made a contract with the COM
pany, now known as the Wisconsin
Central, whereby he granted a rifht
Of way across the farm in considera-
ton of an agreement by the railroad
company to establish and maintain a
station at Four Lakes, and in case the
station was not maintained to perpet-
ually maintain a flag station there
There was no other consideration. It
was expected at the time that a flour
ishing suburb of ST. Paul would grow
on the land but it didn't materialize
Soon the railroad company abandoned
the station and in due time refused to
stop trains when tagged and to &C
cept passengers destined for Four
Lakes.
The agreement also included a pro-
vision that Metcalf should have the
right to string on the telegraph poles
along the railroad right of way tele-
phone wires provided the Western
Union company consented thereto.
Mr.. Nolan subsequently bought the
farm of Metcalf and established a
summer home, on the farm, since maxi
ing 1t his. permanent home.
la-, Train Wouldn't Stop.
The Wisconsin Central, some time
after Mr.. Nolan became owner of the
property, without notice, quit stopping
at the platform at Four Lakes, and
one day Mr.. Nolan and his wife were
compelled to get off the train at North
st. Paul, the conductor notifying him
of the refusal Of the company to heed
flag signals at Four Lakes
Mr.. Nolan brought suit and the case
was tried before Judge Jaggard in De-
cember, 1901, the jury awarding Mr.
Nolan 500 damages, thus indicating
his contention that the railroad COM
pany was legally bound to obey the
Of h.
The company paid the money and
dropped the case, although protesting
it would appeal
Acting upon the second clause of the
contract, giving him the right to string
telephone wires on the poles, if the
western Union made no objection, Mr.
Nolan interviewed the local and dis
trlct officials of the Western Union
company, who saw no objection to his
stringing the necessary wires to estab-
nsh communication between the resi-
dence and the city. They informed him,
however, that it would be necessary
to get the approval of the head officers
Of the telegraph company the proper
application was forwarded to New York
and Mr.. Nolan, confident of receiving
consent, had a telephone connection
established.
The complaint filed yesterday recites
that as soon as the railroad company
learned of his having put up the wire,
Immediately it got busy with the re-
suit that the Western Union company
was induced to object to Mr.. Nolan's
telephone wires on the company poles.
He was ordered by the railroad COM
pany to take the wire down, in de-
fault of which the railroad company
would cut them. Mr. Nolan paid no
attention to the threat and his wires
were cut.
The suit begun yesterday is for
damages accruing to Mr.. Nolan by rea-
son of the Quitting in" of the railroad
company with a view to inducing the
telegraph company to refuse permis-
sion to string the telephone wires.
The case involves several unusual
points of law.