Village of Carthage v. Central New York Telephone & Telegraph Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 24, 1906, which reversed an order of Special Term vacating a temporary injunction. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. The state of New York has granted directly to the defendant the right to erect and maintain its poles and wires in the streets of Carthage.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 24, 1906, which reversed an order of Special Term vacating a temporary injunction. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. The state of New York has granted directly to the defendant the right to erect and maintain its poles and wires in the streets of Carthage. The consent of the village authorities is unnecessary. (Barhite v. H. T. Co., 50 App. Div. 25 ; City of Rochester v. B. T. Co., 52…
1Opinion of the CourtEdward T. Bartlett, J.
This appeal is taken by permission of the Appellate Division and the following question certified : “ Has the plaintiff, the Village of Carthage, the right and power to require and compel the defendant, the Central Hew York Telephone and Telegraph Company, to place the extension of its existing lines in the streets of said village in underground conduits ? ”
A few only of the facts appearing by the affidavits in this case are material to a solution of the single question submitted for answer. It appears that the defendant company had for some years prior to the 1st day of January, 1905,…
2Cited by30 opinions
- City of Tulsa v. Southwestern Bell Telephone Co.Court of Appeals for the Tenth Circuit · 1935
- People Ex Rel. City of Olean v. Western New York & Pennsylvania Traction Co.New York Court of Appeals · 1915
- Holmes Electric Protective Co. v. . WilliamsNew York Court of Appeals · 1920
- Chesapeake & Potomac Telephone Co. v. City of MorgantownWest Virginia Supreme Court · 1959
- New York Telephone Co. v. Board of EducationNew York Court of Appeals · 1936
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