Atlantic & P. Tel. Co. v. Chicago, R. I. & P. R.
United States Circuit Court
In equity. Bill for an injunction, [by the Atlantic & Pacific Telegraph Company against the Chicago, Rock Island & Pacific Railroad Company,] setting forth that the defendant would not permit the entrance of complainant’s engineers and workmen upon its right of way, for the purpose of establishing thereon a telegraph line according to its charter, and asking that defendant, its agents, etc., might be restrained from interfering with the construction of such line. [Bill…
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In equity. Bill for an injunction, [by the Atlantic & Pacific Telegraph Company against the Chicago, Rock Island & Pacific Railroad Company,] setting forth that the defendant would not permit the entrance of complainant’s engineers and workmen upon its right of way, for the purpose of establishing thereon a telegraph line according to its charter, and asking that defendant, its agents, etc., might be restrained from interfering with the construction of such line. [Bill dismissed.]
1Opinion of the Court
DRUMMOND, Circuit Judge.
The only controversy here is as to so much of defendant’s railroad as lies within this state. The plaintiff claims to be a corporation organized under the laws of New York for the purpose of constructing a telegraph line between the cities of New York and San Francisco; and that, in order to carry out that purpose, it is necessary to construct such line upon the right of way of defendant, between Chicago and Omaha, including that part of defendant’s road lying within this state.
The authority to do this is claimed to exist under various acts of congress, some of which…
2Cited by8 opinions
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902
- American Telephone & Telegraph Co. v. PearceCourt of Appeals of Maryland · 1889
- Cairo, V. & C. Ry. Co. v. BrevoortU.S. Circuit Court for the District of Indiana · 1894
- Kester v. Western Union Tel. Co.U.S. Circuit Court for the District of Western New York · 1901
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