New Union Telephone Co. v. Marsh
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the New Union Telephone Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Warren on the 14tli day of October, 1903, upon the report of a referee dismissing the proceeding.
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Appeal by the plaintiff, the New Union Telephone Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Warren on the 14tli day of October, 1903, upon the report of a referee dismissing the proceeding. The proceeding is one brought for the condemnation of a piece of land twelve inches in diameter, situated between the curb and sidewalk on the westerly side of Ridge street in the village of Glens Falls, in front of the residence and premises of the defendant Marsh, together with the right to erect a telephone pole thereon.…
1Opinion of the Court
Chester, J.:
The Transportation Corporations Law gives to a telephone corporation organized under it the right to “ erect, construct and maintain the necessary fixtures for its lines upon, over or under any of the public roads, streets and highways * * * within the limits of this State.” (Laws of 1890, chap. 566, § 102.) This is a franchise directly from the State to the corporation to use the public roads, streets and highways of the State for the erection and maintenance of its lines. (Barhite v. Home Telephone Co., 50 App. Div. 25.). But, as was said in the case cited, “ when a corporation…
2Cases cited3 opinions
- People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
- Barhite v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900
- City of Rochester v. Bell Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by10 opinions
- Chiesa & Co. v. City of Des MoinesSupreme Court of Iowa · 1912
- Harper v. City of KingstonNew York Supreme Court · 1959
- Hirt v. City of CasperWyoming Supreme Court · 1940
- Dexter & Northern Railroad v. FosterNew York Supreme Court · 1909
- Dormitory Authority v. 59th St. & 10th Ave. Realty Corp.New York Supreme Court · 1970
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