New York Telephone Co. v. Dittman
New York Supreme Court
Motion for an injunction.
1Opinion of the CourtCropsey, J.
This is a motion for an injunction restraining the defendants from interfering with the *61wires of the plaintiff. These wires are strung along a public highway in Islip, along which highway the defendants are moving a building, and are nineteen feet above the ground, the building being twenty-nine feet high. The defendants threaten to cut plaintiff’s wires unless plaintiff raises or removes them. These facts are undisputed. There is dispute as to whether the highway is a county or town highway, whether the removal of the building is an ordinary use of the street, and whether plaintiff’s wires…
2Cases cited8 opinions
- American Rapid Telegraph Co. v. HessNew York Court of Appeals · 1891
- Barhite v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900
- New York Steam Co. v. . Foundation Co.New York Court of Appeals · 1909
- Frontier Telephone Co. v. HeppNew York Supreme Court · 1910
- Hinman v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by1 opinion
- White v. BerryNew York Supreme Court · 1927