St. Louis & S. F. R. v. Southwestern Telephone & Telegraph Co.
Court of Appeals for the Eighth Circuit
1 Appeal from the Circuit Court of the United States for the Western District of Arkansas. On March 31, 1902, the Southwestern Telephone & Telegraph Company filed a petition in the circuit court for Sebastian county, in the state of Arkansas, to condemn an easement for the poles and wires of a telephone and telegraph business along the railroad and on the right of way of the St. Louis & San Francisco Railroad Company between Ft.
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1 Appeal from the Circuit Court of the United States for the Western District of Arkansas. On March 31, 1902, the Southwestern Telephone & Telegraph Company filed a petition in the circuit court for Sebastian county, in the state of Arkansas, to condemn an easement for the poles and wires of a telephone and telegraph business along the railroad and on the right of way of the St. Louis & San Francisco Railroad Company between Ft. Smith and Huntington, in the state of Arkansas, a distance of 32 miles. Qn April 11, 1902, the judge of the Sebastian county court made an order under sections…
1Opinion of the CourtSanborn, Circuit Judge
• This is a bill in equity to enjoin the telephone company from prosecuting condemnation proceedings to secure an easement upon the right of way of the railroad company. If, as counsel for the appellant contend, the bill fairly shows that the telephone company was not a corporation, that it had no power of eminent domain, and that there was no necessity for it to use any of the right of way of the railroad company for its telephone or telegraph business, then the railroad company had the right to prevent it from entering upon its right of way; and this suit in equity for an injunction was the…
2Cases cited14 opinions
- Chicago & Alton Railroad v. Joliet, Lockport & Aurora Railway Co.Illinois Supreme Court · 1882
- Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
- Savannah, Florida & Western Railway Co. v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1901
- Watkins v. Eureka SpringsSupreme Court of Arkansas · 1886
- Peoria & Pekin Union Railway Co. v. Peoria & Farmington Railway Co.Illinois Supreme Court · 1882
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3Cited by15 opinions
- City of Pond Creek v. HaskellSupreme Court of Oklahoma · 1908
- Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
- Memphis State Line Railroad v. Forest Hill Cemetery Co.Tennessee Supreme Court · 1906
- Louisville & N. R. Co. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1918
- Farris v. WrightSupreme Court of Arkansas · 1923
10 more not listed; retrieve them via the Exa API.