Ohio Postal Telegraph-Cable Co. v. Smith

Although the legal procedure was quite different in these two cases, they raised in last analysis the same issue. Did the moving of the poles within the highway constitute the taking of the property of the abutting owners'? Was the relocation of the poles in the expanded or widened portion of the highway the imposition of such an additional servitude as required a grant from the abutting owners in addition to the grant of easement for highway purposes'?

There is striking difference of judicial opinion in this state and in the courts of last resort of different states regarding the issue raised…