Dusenbury v. Mutual Union Telegraph Co.

The defendant in this action has set telegraph poles on the side of the road in front of the plaintiff’s lands and residence, in the village of White Plains, without making compensation, and this action is for their removal. It is undisputed that the plaintiff owns the lands thus occupied, subject, only to the highway easement, which between, him and the defendant, leaves his ownership complete and exclusive. Nor is it contended that ejectment is an improper remedy to rid the highway of extra burdens wrongfully imposed.

The defense is, that there is a statute of this state authorizing such…