Page:The Green Bag (1889–1914), Volume 20.pdf/620

 NOTES OF RECENT CASES WAYS. (Use of Streets in Moving Building.) Mich. — The respective rights of a telephone company and a house mover as to cutting of wires crossing streets are considered by the Michi gan Supreme Court in Kibbie Telephone Co. v. Landphere, 115 N. W. Rep. 244. The telephone company had offered to make the necessary changes in its wires to afford an opportunity to move a building along the street if defendant would pay the cost of so doing. This offer was declined and notice given to plaintiff that the building would be removed on a certain date and that such wires as might be in the way would be torn down. Proceedings were then instituted to enjoin the carrying out of such threat. Defendant claimed that under the Michi gan statute providing for the use of streets by

479

telephone companies so as to "not injuriously interfere with other public uses " he was entitled to proceed without regard to any supposed rights of plaintiff, but the court held that the moving of buildings was not a usual use of street within the terms of the statute and directed that a de murrer to the complaint be overruled. North western Telephone Co. v. Anderson, 12 N. D. 585, 28 N. W. 706, 65 L. R. A. 771, 102 Am. St. Rep. 580; Williams v. Citizens' Ry. Co., 130 Ind. 71, 29 N. E. 408, 15 L. R. A. 64, 30 Am. St. Rep. 201; Dickson v. El. Lt. & M. Co., 53 Ill. App. 379; Millville Traction Co. v. Goodwin, 53 N. J. Eq. 448,32 Atl. 263, and Taylor v. St. Ry., 91 Me. 193, 39 Atl. 560, 64 Am. St. Rep. 216, are cited as authority for the conclusion reached.