Postal Telegraph-Cable Co. v. City & County of San Francisco

The plaintiff and respondent herein is a telegraph corporation operating under the provisions of an act of Congress enacted on July 24, 1866 [14 Stats. 221; 9 Fed. Stats. Ann., 2d ed., pp. 505-518; U. S. Comp. Stats., secs. 10072-10077], commonly known as the “Post Roads Act” and is a public utility within the meaning and effect of the Public Utilities Act of the state of California; and as such it had established, maintained, and operated, as a part of its interstate and foreign telegraph system, wires inclosed in conduits along and beneath the surface of Market Street, in the city of San Francisco, prior to and since the years 1916 and 1917, the means of access' to such conduits being certain “manholes” extending thereto from the surface of said street. At some time prior to the year 1916 the said city and county of San Francisco, the defendant and appellant herein, had constructed and was engaged in maintaining and operating a municipal street railway system upon and along certain of its streets, including a portion of Market Street east of its junction with Geary Street, and in the latter year concluded to extend its said municipal street railway system out Market Street from…