Blanchard v. Western Union Telegraph Co.

Headnote

Nuisance—telegraph cable in ri/oer—Negligeiice.

A telegraph company laid a wire cable across the channel of a river so that it rubbed against the keels of vessels, but obstructed no vessels, although a great number, passed over, except one of plaintiff's, which was injured

thereby. Plaintiff’s boat had several times previous to the injury passed over the cable which had caught in the keel. Held (per Boardmah, J., and Miller, P. J., Bocees, J., dissenting), that the cable was not a nuisance, and that plaintiff was negligent and could not recover for the injury to his vessel.

Appeal from a judgment entered upon the decision of the court in favor of the plaintiff in a trial without a jury. The action was brought by John L. Blanchard and others to recover for damages done to the plaintiff’s boat by the telegraph cable of defendants lying across the channel of the river on the line of the railroad bridge at Albany.