Western Union Tel. Co. v. Louisville & N. R.
Mississippi Supreme Court
Appeal from the chancery court of Jackson county. Hon. J. M. Stevens, Chancellor. Suit by the Louisville & Nashville Railroad Company against the Western Union Telegraph Company. From an order denying a motion to dissolve an injunction, defeandant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Jackson county. Hon. J. M. Stevens, Chancellor. Suit by the Louisville & Nashville Railroad Company against the Western Union Telegraph Company. From an order denying a motion to dissolve an injunction, defeandant appeals. The facts are fully stated in the opinion of the court. The sole purpose of this bill is to have the judgments of the eminent domain court declared void for the reasons set forth in said bill, and does not raise any question of fact, and therefore this court will determine whether, as a matter of law, the complainant is entitled to an…
1Opinion of the CourtSmith, C. J.
Appellant owns and operates a telegraph line extending along the right of way of appellee’s railroad. This telegraph line is maintained by appellant by virtue of a contract entered into by it and appellee. This contract being about to expire, appellant instituted three separate eminent domain proceedings, one in Jackson county, one in Harrison county, and one in Hancock county, for the purpose of condemning a right of way for a new line to be erected along appellee’s railroad in these counties.
Pursuant to the petitions instituted therefor, these eminent domain courts assembled, and judgments…
2Cases cited13 opinions
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
- County of Dodge v. AcomNebraska Supreme Court · 1901
- Charleston & Southside Bridge Co. v. ComstockWest Virginia Supreme Court · 1892
- Darrow v. Chicago, Lake Shore & South Bend RailroadIndiana Supreme Court · 1907
- Postal Telegraph Cable Co. v. Southern Ry. Co.U.S. Circuit Court for the District of Western North Carolina · 1898
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3Cited by1 opinion
- City of Greenwood v. GwinMississippi Supreme Court · 1929