Ganz v. Ohio Postal Telegraph Cable Co.

Citations

• 140 F. 692
• 72 C.C.A. 186
• 1905 U.S. App. LEXIS 3951

Syllabus

<p>1. Telegraphs — Use op Highway — Subordination to Use for Travel.</p> <p>The primary purpose of a highway being for travel and transportation, its use by a telegraph company to facilitate communication is subordinate to its use by the public for such primary purpose.</p> <p>[Ed. Note. — For eases in point, see vol. 45, Cent. Dig. Telegraphs and Telephones, § 6.]</p> <p>2. Same — Post Roads — Scope of Federal Statute.</p> <p>The right given to telegraph companies by Rev. St. § 5263 [U. S. Comp. St. 1901, p. 3579], to use post roads for their lines, on compliance with certain conditions, is permissive only, and the statute was not intended to interfere with the proper control and regulation of highways by the states, counties, or municipalities which have them in charge.</p> <p>3. Same — Power of Local Authorities to Regulate Use.</p> <p>Under the statutes of Ohio, which provide that the use of a public road by a telegraph company “shall not incommode the public in the use of such road,” a board of county commissioners, which has been given control of a pike by the state, cannot grant to a telegraph company the right to maintain its poles and wires thereon, except subject to such statutory limitation; nor will such a grant preclude it or a succeeding hoard from ordering a removal of such poles and wires, if at any time through changed conditions their location on the highway shall incommode the public in its use, and such action in ordering a removal will not be Interfered with by the courts, unless an abuse of discretion is shown.</p>