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.