1890

W. Union Tel. Co. v. Williams

Supreme Court of Virginia

86 Va. 696, 11 S.E. 106

Telegraph Company was stringing line by road which crossed landowner’s property, and in doing so, went on owner’s land and cut trees and brush. Landowner brought action for trespass and jury awarded him $550, upon which trial court entered judgment. Supreme Court affirmed. Notwithstanding the dedication of the county road to public use, the landowner still owned the road in fee simple subject only to the public’s right to cross over it. Public’s right did not include cutting trees to string wire. No statute authorized that, and even so, it would be unconstitutional by taking property without compensation.

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