Legal Opinion
Butler v. Frontier Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1905PublishedCited by 1 opinion
Appeal by the defendant, The Frontier Telephone Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 10th day of April, 1905, upon the decision of the court rendered after a '-trial before the court without a jury at the Erie Trial Term.
1Opinion of the Court
McLennan, P. J.:
The complaint is in ejectment. The- court made findings as follows: ; -
- “The plaintiff, at all the times mentionedin the complaint, was- and has ever since continued to be the owner in fee of the premises described in the complaint-, and was and is entitled to the immediate possession thereof.
“The defendant On or about January 1, 1903, without the consent of the plaintiff and without lawful authority, entered upon the said premises and stretched a wire Over and across the same in the manner described in the complaint, and maintained said wire upon said premises until January…
2Cases cited3 opinions
- Aiken v. BenedictNew York Supreme Court · 1863
- Leprell v. . KleinschmidtNew York Court of Appeals · 1889
- McCourt v. EcksteinWisconsin Supreme Court · 1867
3Cited by1 opinion
- Olsen v. HendersonAppellate Division of the Supreme Court of the State of New York · 1906