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· 9/15/1911

Johnston & Croton Tel. Co. v. Hughes

Citations

  • 23 Ohio C.C. Dec. 406
  • 14 Ohio C.C. (n.s.) 468

Syllabus

<p>Injunction Allowed to Restrain Abutting Owner’s Cutting Down Telephone Poles in Highway Erected Pursuant to Express Agreement with Former Owner.</p> <p>Injunction will lie to restrain a present owner of premises from cutting down the poles of a telephone line reconstructed along a highway abutting such premises, the original construction of which, many -years before, was by virtue of an express agreement made with a former owner thereof, and not interfering with his right of egress and ingress from and to his property; .mere failure of the telephone company to comply with his demand for compensation for increased burden upon his land gives him no right to destroy its property.</p> <p>[Syllabus approved by the court.]</p>

Judges: Powell, Shields, Voorhees

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