Legal Opinion

New England Telegraph Co. v. Neiger

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 1915Published

Appeal by the defendants, William A. Neiger and another, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Sullivan on the 16th day of August, 1913, confirming the report of commissioners appointed to ascertain the compensation to be made defendants for property taken for the purpose of the construction and maintenance of a telegraph line.

1Opinion of the Court

Lyon, J.:

The sole question to be determined in this proceeding, which was instituted under the General Condemnation Law (Code Civ. Proc. chap. 23, tit. 1), is the compensation which should be awarded the defendants on account of the perpetual right to erect and maintain thirty-four telegraph poles within the public highway along the southerly boundary of defendants’ farm, together with the right to construct and maintain an anchor to which shall be attached a guy wire leading to one of said poles.

The defendants interposed no denial to the allegations of the petition that the public use…

2Cases cited2 opinions

  1. Blashfield v. Empire State TelephoneNew York Court of Appeals · 1895
  2. Comesky v. Postal Telegraph-Cable Co.Appellate Division of the Supreme Court of the State of New York · 1899

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