Frontier Telephone Co. v. Hepp

The material facts in this case are undisputed. The plaintiff, a public service corporation operating, a telephone system in the city of Buffalo, under a franchise granted to it by the city of Buffalo, by which it was given the right to string its wires and lay its conduits in the public' streets of the city, had laid and constructed conduits containing telephone cables in Ellicott street in this city. At the point where the damage complained of occurred the conduits were laid about two feet below the surface of the ground, between the curb and the sidewalk, along the westerly side of…