Town of Essex v. New England Telegraph Company of Massachusetts
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. The facts, which involve the rights of telegraph companies under, and the construction of, the Post Road Act of 1866, are stated in the opinion. On the date of the filing of the petition of June 1, 1905, this plaintiff was occupying the streets of the Town of Essex without any right whatever, either under thé laws of the Commonwealth or of the United States.
Read the full summary
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. The facts, which involve the rights of telegraph companies under, and the construction of, the Post Road Act of 1866, are stated in the opinion. On the date of the filing of the petition of June 1, 1905, this plaintiff was occupying the streets of the Town of Essex without any right whatever, either under thé laws of the Commonwealth or of the United States. The .plaintiff had acquired no right to occupy said streets by complying with the statutes of the Commonwealth of Massachusetts. The plaintiff had…
1Opinion of the CourtJustice McReynolds
Appellant was enjoined by the decree below from interfering with the operation of lines owned by the appellee company. The controversy arose under the act of Congress approved July 24, 1866 (14 Stat. 221, c. 230, Rev. Stat., § 5263, et seq.), which declares that companies accepting its provisions “shall have the right to construct, maintain, and operate lines of telegraph . . . over and along any of the military or post roads of the United States,” provided they do not interfere with ordinary travel. Appellant insists that, as construed and applied below, the statute transcends the powers…
2Cases cited12 opinions
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
- City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Gruber v. Mayor and Tp. Committee of Raritan Tp.Supreme Court of New Jersey · 1962
- Vigeant v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1927
- Vogt Ex Rel. Vogt v. Borough of BelmarSupreme Court of New Jersey · 1954
- Leonard C. Lacy v. United States of America, Upon the Relation and for the Use of the Tennessee Valley AuthorityCourt of Appeals for the Fifth Circuit · 1954
- Ada County v. WrightIdaho Supreme Court · 1939
23 more not listed; retrieve them via the Exa API.