Barber v. Hudson River Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Andrew Barber, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Washington on the 26th day of October, 1904, upon a nonsuit granted by the court after a trial at the Washington Trial Term. The action purports to have been brought under sections 1667 and 1668 of the Code of Civil Procedure.
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Appeal by the plaintiff, Andrew Barber, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Washington on the 26th day of October, 1904, upon a nonsuit granted by the court after a trial at the Washington Trial Term. The action purports to have been brought under sections 1667 and 1668 of the Code of Civil Procedure. The defendant is a telephone corporation, maintaining a telephone line in front of the premises occupied by the plaintiff. At the time the line was first ■ erected one Lewis T. Barber was the owner of said premises…
1Opinion of the Court
Smith, J.:
The right of way voucher, so called, purports to give to defendant an easement to maintain its telephone lines, with necessary poles, *156wires and guys, with the right to trim trees so that they shall not come in contact with its wires. The paper is signed and witnessed and is, therefore, sufficient to secure to the defendant the ■ easement which it purports to grant. From the nature of the right given that easement is one which is continuous, unlimited as to time. It does not contemplate the right' to string a single wire but so many wires as the defendant shall find necessary for the…
2Cited by4 opinions
- Norman Milling & Grain Co. v. BethuremSupreme Court of Oklahoma · 1914
- Nichols v. New York & Pennsylvania Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Covey v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1955
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915