89 Minn. 495 | Minn. | 1903
In this suit tbe Northwestern Telephone Exchange Company seeks to restrain defendant from alleged unlawful interferences with its lines and wires as previously established in the city of Minneapolis. The cause was tried to the court, who, upon findings of fact, held, as a conclusion of law, that the construction by defendant of its poles and wires under the wires.of the plaintiff company as then maintained by the latter at the same places was an impairment of its rights, also that the defendant’s use of a certain alley was improper, and ordered an injunction to restrain defendant from the continuance thereof.
There was an extended presentation of the evidence, which is embraced in a settled "case,” but it was conceded here that the findings of fact were sustained by the evidence. It is, therefore,
In 1898 the Twin City Telephone Company, defendant, incorporated, and obtained from the city of Minneapolis the right to use its streets and alleys for the purpose of erecting its poles and wires therein. It so placed its lines that in many instances at street crossings they intersected at right angles the lines of plaintiff immediately thereunder,' of which rights and location defendant had ample notice. The relation of the poles, cross-arms, and wires at the street intersections referred to are specifically designated by the court in its findings, but, in view of the conclusion we have reached, it is not necessary to refer incidentally to the distances between the several cross-arms and wires of the two ^companies as they are respectively maintained. It was found,
There is nothing really new in the claim of plaintiff, for it rests upon principles that have always existed, and must always exist, where conflicts arise between the rights of those engaged in the service of the public, or between private persons; for no one has a right to use his own to the detriment of another. The rightful occupancy and enjoyment of privileges may not create a monopoly, but will endow the user with benefits which he has a right to rely upon, and to that extent have been recognized by the courts. As between two corporations exercising similar franchises upon the same street, priority, though it does not create monopoly, carries superiority of rights, and equity will adjust conflicting interests, as far as possible, controlling them, so that each company may exercise its own franchise as fully as is compatible with the necessary rights of another’s. But, where interference is unavoidable, the latter occupant must give way. Edison v. Merchants, 200 Pa.
■While it is probable that a first constructing company might desire to secure rights to itself that would create a monopoly of space by erecting its poleá to such a height as would render it impossible to go over its wires, neither the evidence nor the, conclusions of the court show this to have been done by the plaintiff, and where a rivalry exists that creates such a situation the relative privileges of each occupant may be determined by statute or ordinance, and this seems to have been done in the present instance by the regulation that the poles and wires of the plaintiff be placed under the direction and approval of the city engineer; but the courts must, when necessary, so control the actions, and relative rights of the parties as to protect each in the enjoyment of its franchises, recognizing, however, the benefits which accrue by reason of the prior occupancy.
In the disposition of this action we do not go further than to hold that to the extent of the use of its pole lines and wires at the street intersections and in the alley referred to there was an impairment of plaintiff’s rights which justified its interference.
Order affirmed.