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Cortland Home Telephone Company v. Huntington

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1901
61 App. Div. 616 (N.Y. App. Div. 1901)

Opinion

May Term, 1901.


Order reversed, with ten dollars costs and disbursements, and the appellant may apply at Special Term, on notice, for a trial of the issues, or for a reference of the same.


We are of the opinion that no reason appears from the record before us why the issues raised by the answer to the petition in this case should not have been either tried by the court or sent to a referee for trial, as required by section 3367 of the Code of Civil Procedure. There is no attempt by this petition to condemn the fee in the land described. It is simply the easement or right to erect and maintain its poles over the strip of land described that is sought; and "the property to be condemned" is, we think, sufficiently described. The petition seems to substantially comply with the requirements of section 3360 of the Code, and the petitioner was entitled to a trial thereon. Whether further proceedings, in the action enjoining the petitioner from erecting its poles, which is referred to in such petition, should be stayed or not, is a matter in the discretion of the court at Special Term, and we are not called upon to express any opinion thereon. The order is reversed, with ten dollars costs and disbursements, and the appellant may apply at Special Term, on notice, for a trial of the issues, or for a reference of the same. All concurred.


Summaries of

Cortland Home Telephone Company v. Huntington

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1901
61 App. Div. 616 (N.Y. App. Div. 1901)
Case details for

Cortland Home Telephone Company v. Huntington

Case Details

Full title:Cortland Home Telephone Company, Appellant, v. William R. Huntington, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 1, 1901

Citations

61 App. Div. 616 (N.Y. App. Div. 1901)