Legal Opinion
Blashfield v. Empire State Telephone & Telegraph Co.
New York Supreme Court
Decided September 15, 1893Published
Appeal from judgment on report of referee. Action by H. Wilson Blashfield against the Empire State Telephone & Telegraph Company. -The action was by plaintiff, as assignee of several causes of action, for building and maintaining telephone lines along certain highways without having made compensation to the owners of the fee. Judgment for plaintiff. Defendant appeals.
1Opinion of the Court
HARDIN", P. J.
An opinion was delivered by the learned referee, in which he states:
“The principal question in this case, and the first one to be met and disposed of, is whether or not the construction of a telephone line, by the erection of poles and the placing of wires thereupon, within the limits of a country highway, constitutes an additional burden upon the fee of adjacent lands extending to its center, not contemplated or included in the original dedication or appropriation of the land for highway purposes.”
Upon the question the learned referee concludes a lucid opinion as follows:
“That…
Also in this document: Concurrence.
2Cases cited3 opinions
- Meyers v. BettsNew York Supreme Court · 1847
- Eels v. American Telephone & Telegraph Co.New York Supreme Court · 1892
- Allen v. WayNew York Supreme Court · 1850