New York Court of Appeals

Ernest P. Butler, Respondent v. the Frontier Telephone Company, Appellant

December 21, 1906186 N.Y. 486

Summary

The Court of Appeals affirmed that an action of ejectment lies when a defendant unlawfully occupies the air space a few feet above a plaintiff's land with a telephone wire, because such occupation constitutes a dispossession of real property that the sheriff can remedy by removing the obstruction.