Massachusetts General Laws

Mass. Gen. Laws ch. 166, § 42 (2026)

Liability of telegraph company for injury caused by poles, wires or other apparatus

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 42. A telegraph company shall be liable in damages to a person injured in his person or property by the poles, wires or other apparatus of such company. If they are erected upon a public way, the city or town shall not, by reason of anything contained in this chapter or done thereunder, be discharged from its liability, but all damages and costs recovered against it on account of such injury shall be reimbursed by the company owning the poles, wires or other apparatus.

Notes of Decisions
Cited in 2 cases, 1924–1927 · leading case: Vigeant v. Postal Tel. Cable Co., 157 N.E. 651 (Mass. 1927).
Vigeant v. Postal Tel. Cable Co., 157 N.E. 651 (Mass. 1927). · cites it 3× “Its liability was found and is now conceded to rest exclusively on G. L. c. 166, § 42. The pertinent words of that section are, “A telegraph company shall be liable in damages to the person injured in his person or property by the poles, wires or other apparatus of such company.”
Curran v. Boston Elevated Ry. Co., 249 Mass. 55 (1924). “109, § 12, now G. L. c. 166, § 42, for injuries to a traveller by a post erected and maintained by the defendant in a highway in accordance with a municipal license.”
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