CORPORATIONS. 781

An. Code, sec. 358. 1904, sec. 323. 1888, sec. 223. 1868, ch. 471, sec. 128.

294. Such corporation may, with the consent of a majority of its stock-
holders given in general meeting, become the purchaser, assignee or lessee
of any property within this State of any telegraph company or companies
now existing, or which may hereafter be incorporated, or may be doing
business within this State.

See sec. 401, and notes to sec. 293.

An. Code, sec. 359. 1904, sec. 324. 1888, sec. 224. 1868, ch. 471, see. 129.

295... It may construct a line or lines of telegraph through this State,
or from or to any point or points within this State, or upon the boundaries
thereof, and along and upon any postal Toads 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 in-
commode 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 fix-
tures 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 corpora-
tion, 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.

Notwithstanding this section, if a pole is erected so near the beaten track as to
endanger the safety of travelers, it must be regarded as incommoding the public.
This section dealt with in a suit for personal injuries, alleged to have been caused
by the location of a telegraph pole too near the road. Term " unavoidable " quali-
fies only the restriction upon interference with the convenience of land owners and
does not relate to the provision against incommoding the public use, to which the
adverb " injuriously " is applied. Recital of a statute in prayers. Phelps v. Howard
County, 117 Md. 180; Earp v. Phelps, 120 Md. 287.

This section does not entitle a corporation to make special use of the state's prop-
erty without compensation; state held entitled to receive compensation from a
telegraph company for its special use of the Conowingo bridge. Postal Tel, Co. v.
State Rds. Comm., 127 Md. 246.