American Rapid Telegraph Co. v. Hess
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court in the first judicial department, entered upon an order made December 29, 1890, 'which affirmed a judgment of the Special Term, dismissing plaintifl’s complaint upon the merits. The facts, so far as material, are stated in the opinion. The right to take or destroy property without making compensation, is based upon the maxim publica solus summa lex.
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Appeal from judgment of the General Term of the Supreme ■Court in the first judicial department, entered upon an order made December 29, 1890, 'which affirmed a judgment of the Special Term, dismissing plaintifl’s complaint upon the merits. The facts, so far as material, are stated in the opinion. The right to take or destroy property without making compensation, is based upon the maxim publica solus summa lex. It is justified only by immediate and urgent necessity, and .continues only so long as the pressing necessity continues. (A. P. Works v. Lawrence, 23 N. J. L. 624; In re Jacobs, 98 N.…
1Opinion of the CourtEarl, J.
Prior to 1883, the plaintiff was incorporated under the act 265 of the Laws of 1848, the general act for the incorporation and regulation of telegraph companies, and the acts amendatory thereof, and prior to that year it had erected its lines of telegraph poles and wires in the streets of the city of Bew York, described in the complaint. It also had extensive connecting lines in other states and throughout this state which constituted a system of telegraphy then in active use and operation.
Section 5 of the act of 1848 provides as follows: “ Such association is authorized to construct lines of…
2Cases cited1 opinion
- People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
3Cited by46 opinions
- Borough of West Caldwell v. Borough of CaldwellSupreme Court of New Jersey · 1958
- Rochester Gas & Electric Corp. v. PubLic Service CommissionNew York Court of Appeals · 1988
- State ex rel. Townsend v. Board of Park CommissionersSupreme Court of Minnesota · 1907
- Coverdale v. EdwardsIndiana Supreme Court · 1900
- Matter of Green v. MillerNew York Court of Appeals · 1928
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