Western Union Telegraph Co. v. Franklin Construction Co.
Supreme Court of New Hampshire
Trover, for converting wire, and Trespass, for destroying poles and wire. Facts- agreed. In 1868 tlie plaintiffs constructed a telegraph Hue in the highway from Hampton to Hampton beach, but its location was not authorized by the selectmen of the town, :as required by law.
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Trover, for converting wire, and Trespass, for destroying poles and wire. Facts- agreed. In 1868 tlie plaintiffs constructed a telegraph Hue in the highway from Hampton to Hampton beach, but its location was not authorized by the selectmen of the town, :as required by law. June 5, 1867, the Telegraph Company duly filed with the postmaster-general a written acceptance ol tlie restrictions and obligations required by the act of congress approved July 24, 1866. The Exeter Street Railway Company were empowered by their charter to extend their track over Hampton Road, and the selectmen of the…
1Opinion of the CourtPike, J.
The use of the plaintiffs’ wire in the construction of the defendants’ road was such an exercise of dominion over it as to constitute a conversion (Evans v. Mason, 64 N. H. 98 ; Baker v. Beers, 64 N. H. 102, 105), and the plaintiffs are entitled to judgment therefor. Both defendants are hable, — the Construction Company for appropriating it in the construction of the road, and the railroad company for receiving and holding it as their own. Dotey v. Hawkins, 6 N. H. 247, 249; Hyde v. Noble, 13 N. H. 494, 499 ; Lovejoy v. Jones, 30 N. H. 164, 169; Cooper v. Newman, 45 N. H. 339, 342; Farley v.…
2Cases cited5 opinions
- Evans v. MasonSupreme Court of New Hampshire · 1886
- Patten v. CilleySupreme Court of New Hampshire · 1893
- Gould v. BlodgettSupreme Court of New Hampshire · 1881
- Baker v. BeersSupreme Court of New Hampshire · 1886
- Bartlett v. BlairSupreme Court of New Hampshire · 1894
3Cited by2 opinions
- Hill v. BedellSupreme Court of Vermont · 1924
- Union State Bank of Wapato v. WarnerWashington Supreme Court · 1926