Butler v. . Frontier 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 December 6, 1905, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. This is an action of ejectment, which was tried by consent before the court without a jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 6, 1905, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. This is an action of ejectment, which was tried by consent before the court without a jury. The trial judge found as facts that “ the defendant on or about January 1, 1903, without the consent of the plaintiff and without lawful authority, entered upon ” his premises in the city of Buffalo “ and stretched a wire over and across the same in the manner…
1Opinion of the CourtYann, J.
The question presented by this appeal is whether ejectment will lie when the soil is not touched, but part of the space a few feet above the soil is occupied by a telephone wire unlawfully strung by the defendant across the plaintiff’s premises ? This question has never been passed upon by the Court of Appeals nor by the Supreme Court, except in the decision now before us for review. Questions similar but not identical, as they related to overhanging eaves, projecting cornices or leaning walls, were decided in favor of the defendant in Aiken v. Benedict (39 Barb. 400), and Vrooman v. Jackson…
2Cases cited16 opinions
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- Reynolds v. CookSupreme Court of Virginia · 1887
- Wilmarth v. WoodcockMichigan Supreme Court · 1885
- Nichols v. LewisSupreme Court of Connecticut · 1842
11 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- United States v. CausbySupreme Court of the United States · 1946
- Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
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