American Telegraph & Telephone Co. v. Harborcreek Township

Citations

• 23 Pa. Super. 437
• 1903 Pa. Super. LEXIS 93

Syllabus

<p>Telegraph and telephone companies — TJse of public roads — Road commissioners — Regulations.</p> <p>In the discharge of the duty imposed by law upon road commissioners, to keep public roads and highways clear of all impediments to easy and convenient passing and traveling, those officers are vested with a discretion to make reasonable regulations, to which those who have rights in the highway must conform. The act of congress of July 24, 1866, empowering telegraph companies to construct their lines along any post road, has not the effect of putting such companies beyond municipal control with respect to the use of the highways.</p> <p>When upon the opening of a road, or the original construction of a telegraph line in an existing highway, the road commissioners have adopted such regulations as they may at that time deem expedient, their power of regulation is not thereby exhausted; they may adopt and enforce such new regulations as increased traffic and changed conditions may require. When the road commissioners have adopted such regulations, the court will not interfere in the absence of evidence establishing an abuse of discretion.</p> <p>The road commissioners of a township have a right to adopt a regulation requiring all telegraph lines to be erected along the property line; and the courts will construe such a regulation as meaning that the poles shall be placed on that part of the highway next to the property line, in such a way that all the necessary parts of the poles shall be within the highway.</p>