American Electrical Cases; Being a Collection of All the Important Cases (Except Patent Cases) Decided in the State and Federal Courts of the United States ... on Subjects Relating to the Telegraph, the Telephone, Electric Light Volume 1

American Electrical Cases; Being a Collection of All the Important Cases (Except Patent Cases) Decided in the State and Federal Courts of the United States ... on Subjects Relating to the Telegraph, the Telephone, Electric Light Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...or alley, they shall submit for approval, to the board of public improvements, the route of their proposed line or lines, stating the name of the street or streets to be occupied, or, if an alley, the number of the block, and, as far as practicable, the location of each pole. All work of excavating, refitting and restoring the pavement shall be done under the supervision and direction of the street commissioner, and to his entire satisfaction, and in all cases the pavement shall be restored as speedily as possible, and to the same condition it was before." The defendants began the erection of the poles in question without having first obtained authority for that purpose from the board of public improvements, but, on discovering that their operations were opposed, they afterwards obtained such authority. We do not think that they could be rightfully enjoined from proceeding with the erection of the poles on the ground that they had at first attempted to erect them without authority, though their conduct in so doing was illegal and censurable; and we do not understand that the learned judge awarded the injunction upon that ground. In view of the foregoing statute, charter and ordinance, it seems impossible to say that the erection of these poles, if proceeded with, would be unlawful. It is true that, by the statute above quoted from, they must be erected in such manner "as not to incommode the public in the use of such roads, streets," &c. But, on well-settled principles, although they may be erected so as to incommode the public, the nuisance cannot be abated in a private suit, except in so far as the plaintiff is specially damaged thereby. This the respondents' counsel impliedly concedes. Besides, it is obvious...show more

Product details

  • Paperback | 304 pages
  • 189 x 246 x 16mm | 544g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236794958
  • 9781236794956