The Montgomery advertiser., 1906-06-08
Other Court Opinions.

Acting upon the authority of an opinion in the case of Hobbs vs. Long Distance Telephone and Telegraph Company. made earlier in the present handed down two other opinions against the same company. both of which were appeals from the Lime stone county chancery court, and both of which were suits for damages for the erection of telephone and tele- graph poles on public roads running through the farms of the appellants.
 Ida H. Pyrer was the name of one of the appellants against the telephone company, and Minnie A. Richardson the other. The eases were handed down by Justices Tyson and Anderson respectively, Chief Justice Weakley and Justices Haralson. Dowdell and Simpson concurring in each case, while Justice Tyson and Denson both dis sented, as in the case decided earlier in the week.
 The contention of the counsel for the plaintiffs in the lower court had been that the erection of poles along roads leading through their farms was an excess burden on their land. for which they were entitled to receive compen- sation. The right to build road through their land. they claimed, did not include any other right, such as the erection of the poles.
 The lower court held that since the poles in question were along the high way, and inside its lines instead Of on the property of the r"n'olainants, there was no additional bg.len placed upon the land. and in cans LVence no situation created out ol Naich the owner was entitled to receive conpen- sation In the opinions handed down yesterday. the action of the Limestone county tribunal was affirmed.
 Appeal From Montgomery.
 Two opinions in which opinions were rendered yesterday were those of J M. Bradford V The State of Alabama. One sought reversal of the sentence to two years imprisonment imposed up on him by the Montgomery City Court on a charge of grand larceny, and the other from q sentence of one year and 142 days imposed for an attempt to es cape from the Montgomery County jail Tn the former appeal, Justice TY- son handed down an opinion affirming the action of the court. while in the latter, Justice Anderson reversed the sentence and remanded it to the lower court.
 Another appeal which was reversed and remanded was that of the Birming- ham Railway Light and Power Com pany from the verdict of the Birming damages to Peter Clarke, administra- tor of West Flint who was fatally in jured by street car belonging to the appellants. March 24, 1901.
 Tn an opinion handed down by Jus tice Simpson. the court held that the street cars have a right to the streets equally with the public A motorman has the right to suppose, the opinion maintained. that a person on the street will remain off the tracks, until that person shows an inclination to cross, and if the person turns int othe track without looking for approaching cars. the company Is not liable for the conse- ouences The original suit of Flint's administrator was for $20,0OO
 With the consultations of yesterday. the Supreme Court adjourned for the week. and will meet again on Monday On that date. cases from the Second district will be heard The Second district ic sonpose1 of the counties of Bibh. Choctaw, Dallas, Greene, Hale, Marengo, Perry. Sumter and Wilcox. List of Opinions.
 Following Is a complete list of the