Osborne v. . Auburn Telephone Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 12, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff owned to the center of the street subject only to the easement.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 12, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff owned to the center of the street subject only to the easement. (Hennessy v. Murdock, 137 N. Y. 317; Mott v. Mott, 68 N. Y. 246; Bissell v. N. Y. C. R. R. Co., 23 N. Y. 61; Huberman v. Baker, 128 N. Y. 253; Mangam v. Sing Sing, 11 App. Div. 212;…
1Opinion of the CourtHaight, J.
This action was brought to enjoin and restrain the defendant from entering upon the lands of the plaintiff in Fitch avenue, for the purpose of digging holes and erecting telephone poles for the stringing of wires, and also for damages, which had been sustained, to the shade trees.
The defendant was a domestic corporation organized under the laws of the state of Hew York for the purpose of maintaining and operating a telephone exchange in the city of Auburn and vicinity, and had been granted a franchise by the city to use the streets for the erection of poles and the stringing of wires.
The…
2Cases cited3 opinions
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Palmer v. . Larchmont Electric Co.New York Court of Appeals · 1899
- Myers v. Bell Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by28 opinions
- Fifth Ave. Coach Co. v. . City of New YorkNew York Court of Appeals · 1909
- Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
- Thompson v. Orange & Rockland Electric Co.New York Court of Appeals · 1930
- Fossume v. . RequaNew York Court of Appeals · 1916
- Desmond v. Town of Summit, New York County Courts1975
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