EXPERIMENT STATION BUL/LETINS. 569 



§ 4469. Sec. 3. Telegraph companies are authorized to Telegraph 

 enter upon, and construct and maintain lines of telegraph ma^^conTtruct 

 through, along, and upon any of the public roads and high- jgwraph 

 ways, or across or under any of the waters within the limits 

 of this state, by the erection of the necessary fixtures, includ- 

 ing posts, piers or abutments for sustaining the cords or 

 wires of such lines: Provided, That said telegraph com- Proviso. 

 panics before the construction and erection of said lines and 

 poles, shall first obtain the consent of the duly constituted 

 authorities of the city, village or township through or along 

 which said telegraph lines and poles are to be constructed 

 and erected : Provided, further. That the same shall not be Further 

 so constructed as to incommode the public use of said roads p™™° 

 or highways, or injuriously interrupt the navigation of said 

 waters; nor shall this act be so construed as to authorize 

 the construction of any bridge across any of the waters of 

 this state: Provided further. That this act shall not be con- 

 strued to authorize any such association to injure, deface, 

 tear, cut down, or destroy any tree or shrub planted along 

 the margin of any highway in this state, or purposely left 

 there for shade or ornament. Said association, instead of 

 running or placing their wires on posts, may, if they choose, 

 run or place the same under ground with a suitable or proper 

 covering for the protection of the same. 



§ 4470. Sec. 4. Telephone companies shall have power to Telephone 

 construct and maintain lines of wire or other material, for m^^cm-^ 

 use in the transmission of telephonic messages along, over, '5'™^^ lines 

 across, or under any public places, streets, and highways, 

 and across or under any of the waters in this state, with all 

 necessary erections and fixtures therefor: Provided, That 

 said telephone companies, before the construction and erec- 

 tion of said telephone lines and poles, shall first obtain the 

 consent of the duly constituted authorities of the city, village, 

 or township through or along which said telephone lines and 

 poles are to be constructed and erected : Provided further, Proviso. 

 That the same shall not injuriously interfere with other pub- 

 lic uses of the said places, streets and highways, or injure, 

 deface, tear, cut down, or destroy any tree or shrub planted 

 along the margin of any highway in this state, or purposely 

 left there for shade or ornament nor shall the same inter- 

 fere with the navigation of said waters, or the running of 

 railway trains. 



See Mich. Tel Co. v. Benton Harbor City, 121/512. A per- 

 son desiring to move a building along a public street upon y 

 which telephone lines are maintained cannot do so in disre- 

 gard of the rights of the telephone company, such use of 

 streets not being an ordinary but an extraordinary one. — 

 Kibbie Telephone Co. v. Landphere, 151/309. An adjoin- 

 ing property owner may recover for injuries to his trees that 

 project into the highway and that may be cut or trimmed 



