Winter v. New York & New Jersey Telephone Co.

The opinion of the court was delivered by

Van Syckel, J.

The contest in this case is as to the validity of the proceedings taken by the defendant company to assess and appraise the damages which the relator sustains by reason of the erection and establishment of telephone ¡joles upon and along his property on Liberty street, in the city of Plainfield, in this state.

The proceedings were taken by virtue of the act concerning telegraph companies (Rev., p. 1174), and the supplement to said act (Rev. Sup., p. 1022).

The first section of said supplement provides that whenever any telephone company,…