American Electrical Cases. 1873-[1908]. (Volume 3) (Paperback)

This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1894. Not illustrated. Excerpt: ... Taggart et aL v. Railway Co. adjudged, and decreed that the said defendant be, and it is hereby perpetually enjoined and restrained from at any time hereafter erecting, within the street limits on and in front of the complainant's said premises on Washington street, in said city, any poles, posts or wires for operating its cars or railroad by means of electricity, without the complainant's consent therefor first obtained. "It is further ordered, adjudged, and decreed that the complainant recover of the defendant her costs of this suit to be taxed as heretofore ordered; that the defendant pay such costs to the complainant; and that he have execution therefor out of and under the seal of said court. This decree afforded the complainant all the relief she was entitled to, and the decree appealed from by her is affirmed, with the costs of this court against the complainant." Morse, Cahill and Grant, JJ., concurred. Long, J., did not ait. This case is cited in Detroit City Railway v. Mills, post. See note to that case. Philip S. Taggart Et Al. V. The Newport Street Railway Company. Rhode Island Supreme Court, Jan. 18, 1890. (16 R. L 668.) Electric Railways.--Municipal Control.--Rights Of Abutting Owners The erection and maintenance of an electric street railway line, with the poles and wires necessary to the overhead trolley system, does not impose a new servitude, for which abutting owners are entitled to compensation. A statute conferred power upon a municipal corporation to permit the use of "steam, horse or other power " by an electric railway company. It had been decided that the use of steam could not be thus permitted, since it would impose a new servitude. Held, nevertheless, that the use of electricity could be permitted, under the language "other powe...