Town of Pelham v. Pelham Telephone Co.

1. Express municipal assent to the occupation of a city’s streets by a telephone company can only be shown by formal municipal action, and not by mere general declarations of witnesses that such municipal assent was given. Parol statements of witnesses that certain improvements were made or work was done “with the full knowledge and consent of the municipal authorities of said town, including the mayor and council of said town;” and that a telephone company had established and maintained in the town a telephone system, with poles, wires, and other fixtures in, on, and over the streets, “all…