Krueger v. Wisconsin Telephone Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for "Winnebago county: Geo. W. Bueuell/Circuit Judge. The defendant is a corporation owning and operating a system of telephones and telephone exchanges in this state. In 1882 the city of ETeenah, by ordinance, granted the defendant the right to erect and maintain a telephone system in said city.
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Appeal from a judgment of the circuit court for "Winnebago county: Geo. W. Bueuell/Circuit Judge. The defendant is a corporation owning and operating a system of telephones and telephone exchanges in this state. In 1882 the city of ETeenah, by ordinance, granted the defendant the right to erect and maintain a telephone system in said city. By it the company was granted the right of way through and upon the “ streets, sidewalks, alleys and public grounds of the city, for the use of poles and the necessary wires, provided the same were set in such manner as not to interfere with public travel…
1Opinion of the CourtBaedeek, J.
The importance of this litigation is manifest. It involves the vexed question of whether the placing of telephone poles in a street is an additional servitude, as against the abutting owner, not contemplated by the dedication, that cannot be imposed without his consent, nor without compensation if he requires it. This precise question has not heretofore been decided by this court, so we are free to deal with it as one of first impression, except in- so far as the policy of the state has been declared in decisions where kindred questions have been considered and determined. That the question…
2Cases cited28 opinions
- Cater v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1895
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Richmond v. Southern Bell Telephone & Telegraph Co.Supreme Court of the United States · 1899
23 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Donovan v. AllertNorth Dakota Supreme Court · 1902
- State ex rel. Wisconsin Telephone Co. v. City of SheboyganWisconsin Supreme Court · 1901
- World Realty Co. v. City of OmahaNebraska Supreme Court · 1925
- Younkin v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1901
19 more not listed; retrieve them via the Exa API.