Eels v. American Telephone & Telegraph Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 4, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action of ejectment. Thé facts, so far as material, are stated in the opinion. The maintenance and operation of the telephone line over the highway is a legitimate and proper use thereof so far as the public is concerned.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 4, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action of ejectment. Thé facts, so far as material, are stated in the opinion. The maintenance and operation of the telephone line over the highway is a legitimate and proper use thereof so far as the public is concerned. The authority so to use it was conferred by legislative act. (Laws of 1848, chap. 265 ; 3 R. S. 2061; Laws of 1853, chap. 47; 3 R.…
1Opinion of the CourtPeckham, J.
The sole question involved upon this appeal is the extent of the public easement in a rural highway, the fee of which is in the adjoining owner. The plaintiff herein is the owner in fee subject to the public easement of the premises in question, which constitute part of a public highway in the town of Alden and county of Erie, in this state. The defendant occupies a portion of the highway with its poles upon which it has strung its wires for the purpose of conducting its business as a telephone and telegraph company. It is incorporated and organized under the laws of this state for the…
2Cases cited7 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Hudson River Telephone Co. v. Watervliet Turnpike & Railway Co.New York Court of Appeals · 1892
- Kellinger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Bloomfield & Rochester Natural Gas-Light Co. v. CalkinsNew York Court of Appeals · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Donahue v. . Keystone Gas Co.New York Court of Appeals · 1905
- Palmer v. . Larchmont Electric Co.New York Court of Appeals · 1899
- Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
70 more not listed; retrieve them via the Exa API.