Pfoutz v. Pennsylvania Telephone Co.

Citations

• 24 Pa. Super. 105
• 1904 Pa. Super. LEXIS 136

Syllabus

<p>Telephone companies — Eminent domain — Act of April 29, 1874, P. L. 73.</p> <p>Under the Act of April 29,1874, sec. 33, P. L. 73, a telephone company has not the right of eminent domain over the private lands of individual owners.</p> <p>AVhere a telephone company has filed a bond general in its terms so as to cover damages resulting from the erection of its poles both on the private lands of an individual owner and on roads abutting on such lands, and the court has awarded a preliminary injunction against the company at the instance of the owner, the court in continuing the injunction will omit all reference to the roads, although the supervisors have not consented to the use of the roads.</p> <p>Not decided whether municipal consent is necessary to the use of roads by a telephone company.</p>