State v. Central New Jersey Telephone Co.
Supreme Court of New Jersey
Two writs of certiorari, with a single return to both, argued together. These writs of certiorari bring up an order, made by a •Justice of the Supreme Court, appointing commissioners to assess and appraise the damages which the prosecutors may sustain by reason of the erection of a telegraph or telephone line over their land.
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Two writs of certiorari, with a single return to both, argued together. These writs of certiorari bring up an order, made by a •Justice of the Supreme Court, appointing commissioners to assess and appraise the damages which the prosecutors may sustain by reason of the erection of a telegraph or telephone line over their land. The petition of the company, upon which the appointment was made, sets out that the petitioner is a corporation organized under the provisions of “An act to incorporate and regulate telegraph companies,” and the acts supplementary thereto. Rev., p. 1174. That the objects…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The radical objection raised against the order in question is, that the Central New Jersey Telephone Com*343pany has not the power to condemn lands. The range of the objection is, either that this company has no corporate existence, or, if it has, it has no authority to condemn lands for other than telegraphic uses.
It is argued that this is an attempt to condemn for a use foreign to the corporate business.
To attain a clear view of the foundation upon which the argument leading up to this alleged conclusion rests, it is essential that the…
2Cases cited3 opinions
- Dolbear v. American Bell Telephone CompanySupreme Court of the United States · 1888
- Wisconsin Telephone Co. v. City of OshkoshWisconsin Supreme Court · 1884
- Chesapeake & Potomac Telephone Co. v. Baltimore & Ohio Telegraph Co.Court of Appeals of Maryland · 1887
3Cited by12 opinions
- State v. City of JacksonvilleSupreme Court of Florida · 1951
- State ex rel. Shaver v. Iowa Telephone Co.Supreme Court of Iowa · 1915
- City of Wichita v. Missouri & Kansas Telephone Co.Supreme Court of Kansas · 1904
- City of Richmond v. Southern Bell Tel. & Tel. Co.Court of Appeals for the Fourth Circuit · 1898
- Iowa Telephone Co. v. City of KeokukDistrict Court, S.D. Iowa · 1915
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