Gray v. York State Telephone Co.
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendant, the York State Telephone Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Broome on the 1st day of August,, 1903, upon the decision of the court, rendered after a trial at the Broome Special Term, awarding the plaintiffs a perpetual injunction.
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• Appeal by the defendant, the York State Telephone Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Broome on the 1st day of August,, 1903, upon the decision of the court, rendered after a trial at the Broome Special Term, awarding the plaintiffs a perpetual injunction. Plaintiffs are the owners of certain real property situated in the town of Union, county of Broome, containing 140 acres, together with the highway adjoining said real property, subject only to the right of the public therein for highway purposes.…
1Opinion of the Court
Chase, J.:
The appellant contends that erecting telephone poles in a rural ■public highway and' stringing wires thereon is not an added burden to the owners of. adjoining real property, having -the title to the fee ■of the highway within the bounds of which the poleá are set and -over which the wires are run.. A discussion, of the subject in this court seems unnecessary, for the reason fhat the Court of Appeals in Eels v. A. T. & T. Co. (143 N. Y. 133) has clearly held against the appellant’s contention. The material facts in that case are very similar to the facts in this case, -and the…
2Cases cited4 opinions
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Peck v. Schenectady Railway Co.New York Court of Appeals · 1902
- Paige v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Peck v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Estate v. Interborough Rapid Transit Co.New York Supreme Court · 1915
- Gray v. York State Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1904