Eels v. American Telephone & Telegraph Co.
New York Supreme Court
Appeal from circuit court, Erie county. Action by Charles Eels against the American Telephone & Telegraph Company to compel defendant to remove its poles from a highway in which plaintiff owned the fee, and to recover possession of the premises occupied thereby, with damages. From a judgment in plaintiff’s favor, defendant appeals. Affirmed.
1Opinion of the CourtLewis, J.
The plaintiff is the owner in fee of a 25-acre farm in the town of Alden, bounded on the north by a public highway known as the “Cayuga Creek Road. ” His titlé. extends to the center of the road. This creek road is an ordinary country highway. The defendant is a long-distance telephone company, incorporated under the laws of the state of Hew York for the incorporation of telegraph companies. In the month of August, 1888, defendant was engaged in the location and construction of a telephone line along said highway from Batavia' to Buffalo. In constructing said telephone line, defendant placed…
2Cases cited6 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Wager v. . Troy Union Railroad CompanyNew York Court of Appeals · 1862
- Dusenbury v. Mutual Union Telegraph Co.New York Supreme Court · 1882
- Blashfield v. Empire State Tel. & Tel. Co.New York Supreme Court · 1892
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3Cited by4 opinions
- McMillan v. Klaw & Erlanger Construction Co.Appellate Division of the Supreme Court of the State of New York · 1905
- City of Utica v. Utica Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Blashfield v. Empire State Telephone & Telegraph Co.New York Supreme Court · 1893
- City of Utica v. Utica Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1897