Huss v. Toledo Railways & Light Co.

Citations

• 26 Ohio C.C. Dec. 181
• 25 Ohio C.C. (n.s.) 44

Syllabus

<p>ELECTRICITY — MUNICIPAL CORPORATIONS— STREETS.</p> <p>1. Private Electric Light Company May Erect and Maintain Poles and Wires in Front of Residence Property for Lighting Streets Notwithstanding Private Lighting is also Conducted thereon,</p> <p>A private company may erect and maintain in the streets of a municipality and in front of residence property, electric light poles and wires for lighting the public streets under contract with the city, and such construction does not invade the rights of the abutting owner; and such owner cannot maintain injunction even' though a portion of the current carried is for private purposes, provided such additional use does not impair the abutter’s property in any essential degree.</p> <p>2. Municipal Authorities Regulate Location of Poles and Wires in Streets.</p> <p>The location of the poles and wires for lighting the public ■ streets rests with the city authorities and will not be interfered with by the courts in the absence of fraud or an abuse of discretion.</p> <p>[Syllabus by the court.]</p>