Legal Opinion · Dissent

Wakefield v. Village of Theresa

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 1908PublishedCited by 1 opinion

Appeal by the defendant, The Village of Theresa, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Jefferson on the 12th day of March, 1907, upon the decision of the court, rendered after a trial at the Jefferson Special Term, enjoining the defendant from cutting down or removing certain poles and wires of the electric lighting system of the plaintiffs.

1Dissent

Spring, J.:

The village of Theresa is an incorporated village containing about 1,000 inhabitants. In April, 1895, by its president and trustees, it entered into a written agreement with one A. J. Reynolds, whereby it granted to him the privilege of using the streets of said village to erect poles, string wires and construct and operate an electric lighting plant. The method of exercising the privilege was specified in the agreement, particularly the kind of poles to be used, and their location in the streets of the village, in order to prevent interference with their ordinary use, or with the…

2Cases cited4 opinions

  1. People v. . O'BrienNew York Court of Appeals · 1888
  2. Ingersoll v. . Nassau Electric R.R. Co.New York Court of Appeals · 1899
  3. Roddy v. Brooklyn City & Newtown RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  4. Boyer v. Village of Little FallsAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by1 opinion

  1. Tacoma Railway & Power Co. v. City of TacomaWashington Supreme Court · 1914

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