Central Union Tel. Co. v. Columbus Grove (Vil.)

Citations

• 18 Ohio C.C. Dec. 131
• 8 Ohio C.C. (n.s.) 81

Syllabus

<p>EMINENT DOMAIN — TELEGRAPHS AND TELEPHONES.</p> <p>Norris, Hurin and Vollrath, J.J.</p> <p>1. Right of Eminent Domain must be Cleaelt Plead and Pboven if not Expressly CONFEEBED BY STATUTE.</p> <p>The right of eminent domain involves an attribute of sovereignty and' is a'n interference with private rights, and must, therefore, always be-strictly construed; a'nd every assumption of this right not conferred by statutory enactment within the judicial notice of the court must b® clearly plead and as clearly proven.</p> <p>2. Pobeign Telephone Company cannot Appeopbiate Pbopeety fob Local? Purposes in Absence of Statutory Permission.</p> <p>Interstate comity will not be extended to cases wherein foreign corporations doing business in this state seek to assume a'nd exercise the attributes nf sovereignty as against the private rights of the citizens of this state; and in the absence of statutory provisions expressly conferring the right of eminent domain o'n siich foreign corporations, there is no inherent power vested in a telephone company to condemn private property for purely local purposes, and not as a part of any interstate system.</p> <p>3. Petition by Foreign Telephone Company to Condemn Pbopeety heee must Allege Right of Eminent Domain in Home State.</p> <p>In a condemnation proceeding brought by a foreign telephone -company, its petition must allege, not only that the petitioner is a corporation of its home state, duly created for the purpose of erecting and maintaining lines of telephone within such state, but also that it is empowered by its charter to condemn and appropriate private property therein, and in tK. absence of such averments the petition will be bad on demurrer.</p> <p>[Syllabus approved by the court.]</p>