City of Utica v. Utica Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie defendant, the Utica Telephone Company, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Oneida on the 30th day of August, 1897, denying a motion to vacate an injunction which restrained the defendant from setting telephone poles and establishing a telephone line in the streets of the city of Utica.
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Appeal by tlie defendant, the Utica Telephone Company, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Oneida on the 30th day of August, 1897, denying a motion to vacate an injunction which restrained the defendant from setting telephone poles and establishing a telephone line in the streets of the city of Utica. The action is an equitable one and was commenced in August, 1897. The complaint alleged that the defendant, its officers, etc., had entered upon the streets, sidewalks and public places of the city of Utica…
1Opinion of the Court
Ward, J.:
The defendant claims the right to construct and operate its telephone line without the consent of the city, under section 102 of chapter 566 of the Laws of 1890, being the Transporation Corpora- ' tians Law, which provides:
“ Such corporation (telegraph and telephone) may erect, construct and maintain the necessary fixtures for its lines upon, over or under any of the public roads, streets and highways; and through, across or under any of the waters within the limits of this State, and upon, through or over any other land, subject to the right of the owner thereof to full compensation…
2Cases cited7 opinions
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Hudson River Telephone Co. v. Watervliet Turnpike & Railway Co.New York Court of Appeals · 1892
- American Rapid Telegraph Co. v. HessNew York Court of Appeals · 1891
- Hines v. . the City of LockportNew York Court of Appeals · 1872
- People v. Metropolitan Telephone & Telegraph Co.New York Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of New York v. Knickerbocker Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
- City of Marshfield v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1899
- McMillan v. Klaw & Erlanger Construction Co.Appellate Division of the Supreme Court of the State of New York · 1905