§ 3454. Powers of companies— A magnetic telegraph company heretofore or hereafter created may construct telegraph lines, from point to point, along and upon any public road, by the erection of the necessary fixtures, including posts, piers, and abutments necessary for the wires; but the same shall not incommode the public in the use of such road. 50 v. 274, § 47; S. & C. 299. A grant to string an unlimited number of wires empowers the company to license others to string wires on its poles. Newman v. Village of Avondale, 31 B. 123 (C. P.). Such company may not injure property as by trimming trees of an adjoining land-owner nor appropriate any of his property rights in the highway without first making compensation. Failure of land-owner to enjoin construction of line will not estop him ten years afterward from asserting his property interest in the highway and in the trees growing upon and in front of his premises. Daily v. State, 51 Ohio St. 348. Where eight wires have been permitted by an abutting property owner to be strung on poles and used for nine years, equity will not entertain a suit to enjoin the stringing of additional wires. Wirth v. Postal Tel. Cable Co., 7 C. C. 290. § 3455. Powers of telegraph companies-Unlawful to contract for exclusive right of way Any such company may construct, own, use, and maintain any line or lines of magnetic telegraph, whether described in its original articles of incorporation or not, and whether such line or lines are wholly within or partly beyond the limits of this state, and may join with any other company or association in conducting, leasing, owning, using, or maintaining such line or lines, upon such terms as may be agreed upon between the directors or managers of the respective companies; and such companies may own and hold any interest in any such line or lines, or may become lessees of such line or lines, upon such terms as may be agreed upon; but it shall be unlawful for any such company or companies and the owner or owners of rights of way to contract for the exclusive use thereof for telegraphic purposes. 77 O. L. 264. Rights of an electric street railroad are superior to those of a telephone company, and if workings of telephone system are disturbed by electric street railway, remedy of the telephone company is to readjust its methods to changed conditions. Railway Co. v. Tel. Ass'n, 48 Ohio St. 390. $3456. May enter upon and appropriate land Any such company may enter upon any land, whether held by an individual or a corporation, and whether acquired by purchase or appropriation, or in virtue of any provision in its charter, for the purpose of making preliminary examinations and surveys, with a view to the location and erection of lines of magnetic telegraph, and may appropriate so much thereof as may be deemed necessary for the erection and maintenance of its telegraph poles, piers, abutments, wires and other necessary fixtures, and for stations, and the right of way over such lands and adjacent lands sufficient to enable it to construct and repair its lines. 62 v. 72, § 1; S. & C. 153. Construction and maintenance of a telegraph or telephone line upon highway is an additional burden, for which owner is entitled to additional compensation; and if same is put up before right to do so is acquired, and against owner's objection, court of equity will order same removed. Smith v. Central Dist. Printing and Tel. Co., 2 C. C. 259. § 3457. Limitation upon such authority No such company shall, without the consent of the owner thereof, in writing, enter a building or edifice, or use or appropriate any part thereof, or erect any telegraph pole, pier or abutment in any yard or inclosure within which an edifice is situate, nor, in cases not provided for in section three thousand four hundred and sixty-one, erect any telegraph pole, pier, abutment, wires, or other fixtures, so near to any edifice as to occasion injury thereto, or risk of injury, in case such pole, pier or abutment be overthrown, nor injure or destroy any fruit or ornamental tree. 62 v. 72, § 1; S. & C. 153. § 3458. When land to be appropriated is held by a corpo ration When lands sought to be appropriated for lines of magnetic telegraph are held by a corporation incorporated under any law of this state, whether held by purchase, or in virtue of any appropriation authorized by its charter or by any law of this state, the right of the company to appropriate such lands shall be limited to such use of the same as shall not, in any material degree, interfere with the practical uses to which the company is authorized to put such lands under its charter; and no such company shall erect poles, piers, abutments, wires, or other necessary fixtures, in such close proximity to any other line of magnetic telegraph authorized by law to be constructed as to interfere mechanically with the practical working of such telegraph. 72, § 2; S. & S. 153. 62 v. § 3459. When such land is held by a railroad companyThe right of such company to use lands held by a railroad company, for the permanent structures of such telegraph, shall be limited to the land which lies within five feet of the outer limits of the right of way of the railroad company, where it is practicable to erect the line within those limits; when the company seeks to appropriate lands that lie beyond those limits, its petition must set forth the facts showing that it is impracticable to erect such line within said limits, and designate, either by a survey and map, or by reference to monuments, or by other means of easy identification, the place or places where the company seeks to establish the line; the probate court shall, in all instances, determine, if it be controverted by the railroad company, whether the erection of the line at the place or places designated will, in any material degree, interfere with the practical uses to which such railroad company is authorized to put such land; and if the court is satisfied that it will so interfere, it shall reject the petition, or require the structure to be erected at such other place or places as the court shall direct; but nothing in this chapter shall be so construed as to authorize any company to appropriate the use of the track or rolling-stock of any railroad company for the purpose of transporting poles, materials or the employes of such telegraph company, or for any other purpose whatever. 62 v. 72, § 3; S. & S. 154. § 3460. When the lands lie in more than one county Proceedings to appropriate lands to the use of a company, against a defendant whose adjoining or continuous lands lie in more than one county, may be instituted in any county in which any part of such lands lie, and the damages shall be assessed, in one proceeding, in respect of all such lands of the defendant sought to be appropriated, whether lying in the county wherein the court is sitting, or in other counties. 62 v. 72, § 4; S. & S. 154. § 3461. How right to use public ground acquired When any lands authorized to be appropriated to the use of a company are subject to the easement of a street, alley, public way, or other public use, within the limits of any city or village, the mode of use shall be such as shall be agreed upon between the municipal authorities of the city or village and the company; and if they cannot agree, or the municipal authorities unreasonably delay to enter into any agreement, the probate court of the county, in a proceeding instituted for the purpose, shall direct in what mode such telegraph line shall be constructed along such street, alley, or public way, so as not to incommode the public in the use of the same; but nothing in this section shall be so construed as to authorize any municipal corporation to demand or receive any compensation for the use of a street, alley, or public way, beyond what may be necessary to restore the pavement to its former state of usefulness. 62 v. 72, § 5; S. & S. 154. Section construed: State v. Central Union Telephone Co., II C. C. 55, and 14 C. C. 273. (§ 3461-1.) Sec. 1. Lines of electric telegraphs may be constructed in any place so they do not incommode the public Any person or persons may be and are hereby authorized to construct lines of electric telegraphs, from point to point, upon and along any of the public roads and highways, and across any of the waters within the limits of this state, by the erection of the necessary fixtures, including posts, piers or abutments for sustaining the cords or wires of such lines; provided, that the same shall not in any instance be so constructed as to incommode the public in the use of said roads or highways, or endanger or injuriously interrupt the navigation of said waters; nor shall this act be so construed as to authorize the erection of any bridge across any of the waters of this state. 45 O. L. 34. [CSS 3461-2, 3, 4 and 5) provide for appraisal by county commissioners of damages, punishment for injuring lines, and mode of prosecution.] (§ 3461-6.) Sec. 6. Legislature may alter act; taxationThe legislature may at any time alter, modify or repeal this act, and the stock or value invested in said lines of electric telegraph shall be subject to taxation like other property in this state. 45 O. L. 34. § 3462. Must receive and transmit dispatches for other lines Every company, incorporated or unincorporated, operating a telegraph line in this state shall receive dispatches from and for other telegraph lines, and from or for any individual; and on payment of its usual charges for transmitting dispatches, as established by the rules and regulations of the company, shall transmit the same with impartiality and good faith, under a penalty of one hundred dollars for each case of neglect or refusal so to do, to be recovered, with cost of suit, by civil action, in the name and for the benefit of the person or company sending or forwarding, or desiring to send or forward, the dispatch. 77 O. L. 264. Telephone company must receive dispatches for telegraph and other companies without discrimination. State v. Telephone Co., 36 Ohio St. 296. Telegraph company cannot stipulate against damages for error arising from its own negligence. Telegraph Co. v. Griswold, 37 Ohio St. 301. The negligent failure of a telegraph company to deliver a message does not authorize an action by him to whom it is addressed to recover for resulting injury to his feelings and affections when no other injury results. Morton v. W. U. Tel. Co., 53 Ohio St. 431; Kester v. W. U. Tel. Co., 8 C. c. 236. § 3463. When to forward messages When the person who sends a dispatch desires to have it forwarded over the lines of other telegraph companies, whose termini are respectively within the limits of the usual delivery of |