Louisville & N. R. v. Western Union Telegraph Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. Suit by the'Western Union Telegraph Company against the Louisville & Nashville Railroad Company. Erom a decree deling a motion to dissolve an injunction, defendant appeals. For 27 years before 1911, the telegraph company had occupied the railroad right of way, in several states, with a line of poles and wires, pursuant to a contract in the nature of a lease.
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Appeal from the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. Suit by the'Western Union Telegraph Company against the Louisville & Nashville Railroad Company. Erom a decree deling a motion to dissolve an injunction, defendant appeals. For 27 years before 1911, the telegraph company had occupied the railroad right of way, in several states, with a line of poles and wires, pursuant to a contract in the nature of a lease. Eventually the telegraph company exercised its elective right to terminate this contract. Failing in agreement upon terms for a…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] 1. This appeal must, be governed by the settled rule that the appellate court will overrule or reverse an order granting a preliminary injunction only when satisfied that there was error of law in the action of the trial court, or that, upon the facts, there was no reasonable field for discretionary action. Louisville Co. v. Western Union Co., 207 Fed. 1, 4, 124 C. C. A. 573.
[2] 2. As to the 600 miles, it is practically conceded (and we suppose it was in the court below) that the injunction should be dissolved, unless the contrary result is to be…
2Cases cited1 opinion
- Louisville & N. R. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1913
3Cited by7 opinions
- American Mercury, Inc. v. KielyCourt of Appeals for the Second Circuit · 1927
- Luckenbach S. S. Co. v. NortonDistrict Court, E.D. Pennsylvania · 1937
- Cleveland, C., C. & St. L. Ry. Co. v. JacksonCourt of Appeals for the Sixth Circuit · 1927
- Louisville & N. R. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1920
- Twin City Power Co. v. Savannah River Electric Co.Supreme Court of South Carolina · 1930
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