Stowers v. Postal Telegraph Cable Co.
Mississippi Supreme Court
FeoM the chancery court of 'Warren county. How. Claude PiNTAKD, Chancellor. The act of March 16, 1886 (Laws, p. 93), authorizes the construction of telegraph lines through public lands of this state, and on, across and along all highways, streets and roads.
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FeoM the chancery court of 'Warren county. How. Claude PiNTAKD, Chancellor. The act of March 16, 1886 (Laws, p. 93), authorizes the construction of telegraph lines through public lands of this state, and on, across and along all highways, streets and roads. Referring to telegraph companies, § 1067, code 1880, is as follows : “ Such companies, or associations, shall,bg.responsible.for..any damage"wliich any persorf may*sustain, by the erection, continuance and use of such line, and the fixtures thereof; and in any action for the recovery thereof, brought by any owner or possessor of land over…
1Opinion of the CourtCooper, J.
There is some conflict in the authorities, but the decided weight is to the effect that telegraph companies form no part of the equipment of a public street, but are foreign to its use, and that where the abutting owner is the owner of the fee' to the centre of the street he is entitled to additional compensation for the additional burden placed upon his land. Lewis on Eminent Domain, § 131; citing Tel. Co. v. Barnett, 107 Ill. 507; Dusenbury v. Tel. Co., 11 Abb. Cases. 440; Tel. Co. v. Lead Co., 50 N. Y. Supr. Ct. 488; Broome v. Telegraph Co., 42 N. J. Eq. 141; contra, Hewett v. Tel. Co., 4…
2Cases cited4 opinions
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Board of Trade Telegraph Co. v. BarnettIllinois Supreme Court · 1883
- Theobold v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1889
3Cited by15 opinions
- Hildebrand v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1941
- Magee v. OvershinerIndiana Supreme Court · 1898
- Krueger v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1900
- Berry v. Southern Pine Electric Power Ass'nMississippi Supreme Court · 1954
- Southern Bell Telephone & Telegraph Co. v. City of MobileU.S. Circuit Court for the District of Southern Alabama · 1907
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