Palmer v. . Larchmont Electric Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June. 13, 1896, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June. 13, 1896, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The poles of the defendant electric company, since they are necessary to the lighting of the public highway, are lawfully placed in the street in front of plaintiff’s land, and cannot be ejected therefrom. (C.G. & E. L. Co. v. C. S. Co., 39 N. Y. S. R. 703; Johnson v. T. H. E.…
1Opinion of the CourtHaight, J.
This is an action in ejectment to compel the defendant to remove its poles and wires from Palmer avenue in front of the plaintiff’s premises. Thé plaintiff is the owner of lands at the corner of Palmer and Rushmore avenues in the town of Mamaroneck, Westchester county, and his fee extends to the center of the highways, subject to the easements of the public therein. The defendant is an electric corporation organized under the Ti’ansportation Corporations Law of this state (L. 1890, eh. 566), having for its objects the manufacture and use of electricity, for producing light, heat or power, and…
2Cases cited8 opinions
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- People Ex Rel. Woodhaven Gas Light Co. v. DeehanNew York Court of Appeals · 1897
- Bloomfield & Rochester Natural Gas-Light Co. v. CalkinsNew York Court of Appeals · 1875
- Van Brunt v. . Town of FlatbushNew York Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
- Regency Outdoor Advertising, Inc. v. City of Los AngelesCalifornia Supreme Court · 2006
- Thompson v. Orange & Rockland Electric Co.New York Court of Appeals · 1930
- Osborne v. . Auburn Telephone Co.New York Court of Appeals · 1907
44 more not listed; retrieve them via the Exa API.