Legal Opinion
O'Meara v. Postal Telegraph-Cable Co.
New York Court of Appeals
Decided December 6, 1938PublishedCited by 3 opinions
1Opinion of the CourtHubbs, J.
Plaintiff is the owner of the record title to a parcel of real property over which, from 1883 to 1925, ran a public street. In 1883 the defendant erected certain poles, wires, cross-arms, guys, stubs and other fixtures in that street for the purpose of carrying telegraph messages. It acquired no license, consent or permission so to do from the then owner and has not since acquired a license, consent or permission of a subsequent owner. In 1925, without notice to the defendant, proceedings were taken which resulted in the discontinuance of the road as a public highway, but the use of a portion…
2Cases cited6 opinions
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Western Union Telegraph Co. v. City of RichmondSupreme Court of the United States · 1912
- People Ex Rel. Postal Telegraph-Cable Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1918
- People v. HosmerAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by3 opinions
- Antonopulos v. Postal Telegraph Cable Co.Appellate Division of the Supreme Court of the State of New York · 1941
- Keinz v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1973
- Village of Harriman v. KabinoffNew York Supreme Court · 1963