782 ARTICLE 23.

The owner of a lot abutting on a street may recover for such direct and imme-
diate injuries as he sustains by the erection of telegraph, etc., poles. Recovery by
owner of fee in the street. 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 prop-
erty. 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, subsequent suits may be brought. Injunction. Limited effect of this
section. Measure of damages. Chesapeake, etc., Telephone Co. v. Mackenzie, 74
Md. 46.

This section did not give the right to telegraph or telephone companies to make
special or exclusive use of the state's property without compensation. The legisla-
ture has not delegated to the state roads commission the authority to impose charges
upon new users, or create a new liability upon telegraph and telephone companies
for the use of the state roads. The commission, however, as the assignee of the
turnpike road, may enforce an existing liability founded upon a contract acquired
in the purchase of such turnpike. G. & P. Tel. Co. v. State Rds. Comm., 134 Md. 4.
, Inasmuch as the city of Baltimore has full and complete control over its streets
and highways, the enforcement of an ordinance providing that the C. & P. Tele-
phone Company should pay a pole rental for the use of streets within the section
added to the city by the act of 1918, ch. 82, held not to violate this section or
impair contract obligation. Baltimore v. Ches. & Pot. Tel. Co., 142 Md. 82.

Contention that this section and sec. 337 confer upon telegraph and telephone
companies power to construct lines upon highways or across bridges or waters in
Maryland, by the erection of fixtures free of charge, overruled. State roads com-
mission, under the facts, has authority to recover compensation for the use of the
state for defendant's use and occupation of Conowingo Bridge. 132 Md. 194, dis-
tinguished. Demurrer. Prayers. American Telegraph & Telephone Co. v. State
Rds. Comm., 134 Md. 14.

The general privilege accorded telegraph and telephone companies to construct
lines on public highways without liability for the creation of a nuisance, does not
obligate state to permit any individual company to occupy and use state highways
without compensation. City's right to charge for poles erected in streets, affirmed.
While state has the right to impose a charge upon use of state roads for construc-
tion of conduits and manholes, this authority has not been delegated to state
roads commission. A permit from the commission, however, in exercise of its
regulative powers, held necessary; injunction properly refused. C. & P. Tel. Co. v.
State Rds. Comm., 132 Md. 197.

See sec. 337 and notes to sec. 293.

An. Code, sec. 360. 1904, sec. 325. 1888, sec. 225. 1868, ch. 471, sec. 130.

296. The said jury shall make a just and equitable appraisement of all
the loss or damage that may he sustained by any person or corporation,
on or over whose lands or bridges said posts, piers or abutments are in-
tended to be placed, and shall make a true return and inquisition thereof,
in writing, under their hands and seals.

An. Code, sec. 361. 1904, sec. 326. 1888, sec. 226. 1868, ch. 471, sec. 131.

297. The sheriff shall make return of the inquisition so found, to the
clerk of the circuit court for the county, or the superior court of Baltimore
city, who shall file the same and lay it before the said court at its next
session; and such inquisition shall be confirmed by said court, unless good
cause be shown to the contrary; and when confirmed, shall be recorded by
the clerk, at the expense of the corporation; but if set aside, the said court
may direct another inquisition to be taken in the manner above prescribed.
The valuation of such loss or damage, when paid or tendered to the owner
or owners of the property, or his, her or their legal representatives shall
entitle the said corporation to the easement thus valued, as fully as if it
had been conveyed to the said corporation by the owner or owners of the
same; and the valuation, if not received when tendered, may, at any time