Kirby v. Citizens' Tel. Co.

Citations

• 17 S.D. 362
• 97 N.W. 3
• 1903 S.D. LEXIS 61

Syllabus

<p>1. Const, art. 6, § 13, providing that private property shall not he taken oi” damaged for public use without just compensation, and. that the fee' of land taken for highways, shall remain in the owner, and article 17, § 18, providing that compensation shall be made before property is taken or injured, do not apply to the use of the streets of a city for the purposes for which they have been dedicated.</p> <p>2. Under the direct provisions of Laws 1885, p. 208, c. 141, § 3 (Rev. Civ. ■ Code 1903, § 554), a city may permit a telephone company to erect poles and maintain a telephone system on its streets.</p> <p>3. The. construction, maintenance, and operation of a telephone system on the streets of a city in such a manner as not to cause unnecessary injury or incoDveniénce to property owners is not an additional servitude for which an abutting owner is entitled to compensation.</p>