ART. 23] TELEGRAPH AND TELEPHONE COMPANIES. 691

the boundaries thereof, and along and upon any postal roads and postal
routes, roads, streets and highways, or across any of the bridges or
waters within the limits of this State, by the erection of the necessary
fixtures, including posts, piers or abutments for sustaining the cords
or wires of such lines, without their being deemed a public nuisance,
or subject to be abated by any private party; provided, the same shall
not be so constructed as to incommode injuriously the public use of
said postal roads or postal routes, roads, highways and bridges or
injuriously interrupt the navigation of said waters, or interfere with
the convenience of any land owner more than is unavoidable; and this
section shall not be so construed as to authorize the construction of
any bridge across any of the navigable waters of this State; but the
said corporation shall be responsible for any damages which any person
or corporation may sustain by the erection, continuance and use of
such fixtures; and in any action brought for the recovery thereof by
the owner or possessor of any lands, the damages to be awarded may,
at the election of such corporation, include the damages for allowing
the said fixtures permanently to continue; on payment of which
damages, the right of the corporation to continue such fixtures shall
be confirmed, as if granted by the parties to the suit; provided, that
no person or body politic shall be entitled to sue for or recover damages
as aforesaid, until the said corporation, after due notice, shall have
failed or refused to remove, in reasonable time, the fixtures complained
of; or the president and directors of the said company may apply to a
justice of the peace of the county or city where such lands are, and
such justice shall thereupon issue his warrant, directed to the sheriff
of said county or city, commanding him to summon twelve disinterested
persons, qualified to serve as jurors, to meet at the proper place, as
directed by the said justice; and the sheriff shall qualify the said
persons, by oath or affirmation, faithfully to perform the duties required
of them by the next succeeding section.

The owner of a lot abutting on a street in which telephone or telegraph
poles are erected, may recover for such direct and immediate injuries as he
sustains by such erection. The owner of the fee in the bed of the street may
recover damages for the additional servitude imposed by such erection. The
planting of a pole in a highway or street is not a public nuisance, but as to a
country highway, is an appropriation of private property. Distinction between
the uses to which city streets and country roads may be put. If the company
elects to pay damages only for the period up to the bringing of the suit, sub-
sequent suits may be brought. Injunction. Limited effect of this section.
Measure of damages. Chesapeake, etc. Telephone Co. v. Mackenzie, 74
Md. 46.

See sec. 405, and notes to sec. 357.

1904, art. 23, sec. 325. 1888, art. 23, sec. 225. 1868, ch. 471, sec. 130.
360. The said jury shall make a just and equitable appraisement
of all the loss or damage that may be sustained by any person or corpora-
tion, on or over whose lands or bridges said posts, piers or abutments
are intended to be placed, and shall make a true return aud inquisition
thereof, in writing, under their hands and seals.