The Law of Electric Wires in Streets and Highways (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900. Excerpt: ... acter; but the several wires at least are capable of removal or renewal as the needs of business may require. Where such lines are attached to land belonging to their owner, as in the case of a telegraph along the right of way of a railroad company, they are plainly such fixtures as would pass with a conveyance or mortgage of the land; but in most cases the lines are stretched along public highways and the land belongs to others, and the owner of the line may have a mere license, or he may occupy the land by virtue of a public franchise and as a part of the highway. In such cases the lines may be treated as personal property for the purpose of keeping the ownership distinct from that of the land, or, if they are regarded as fixtures, it may be as fixtures connected with the land and building where the electricity is generated. On the other hand, if a right of way over private property be obtained by agreement or condemnation, an easement is created which is an interest in land, and the posts and wires are fixtures connected with the real estate. The same is true of a line of telegraph in a public street when such a line is regarded as a new burden upon the land,1 and it may be interesting to speculate on the question whether the character of the lines as real or personal is affected by the answer to the question whether or not the electric line constitutes a new burden, or is a proper use of a public street, affecting no rights of the owner of the land. 278. Same--Cases.--A few cases may be referred to relating directly to electric lines as fixtures or real or personal property. In an English case in 1860, where the question was whether the telegraph line should be deducted from the value of a railway in making an assessment for taxation, the law w...