Western Union Telegraph Co. v. Pennsylvania Railroad
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. ¡ The facts are stated in the opinion. The Atlantic and Ohio Telegraph Company was authorized by its charter to appropriate to its use, within specified limitations, property of a specific character, to wit, the roads, highways, streets and waters óf the State of Pennsylvania.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. ¡ The facts are stated in the opinion. The Atlantic and Ohio Telegraph Company was authorized by its charter to appropriate to its use, within specified limitations, property of a specific character, to wit, the roads, highways, streets and waters óf the State of Pennsylvania. Defendant’s railroad is not only a highway of the State in its very nature, but by its charter and the constitution of Pennsylvania is expressly declared to be a highway. Hence, it is subject to the appropriation of the Atlantic and Ohio Telegraph Company,…
1Opinion of the CourtJustice McKenna
This was a petition on the law side of the Circuit Court for r the Western District of Pennsylvania to condemn,part of the .defendant’s right of way and appropriate' it to telegraph purposes. There was also a bill on the equity sidé praying' for an injunction to restrain defendant in error from dispossessing *596plaintiff in error during the pending of the condemnation proceedings.
The Circuit Court refused to approve the bond tendered with the petition for condemnation and ordered the petition dismissed. 120 Fed. Rep. 362. The Circuit Court of Appeals affirmed that action. 123 Fed. Rep. 33.
The…
2Cases cited1 opinion
- Kip v. . New York and Harlem R.R. Co.New York Court of Appeals · 1876
3Cited by16 opinions
- Oregon Short Line R. R. Co. v. PfostIdaho Supreme Court · 1933
- Lo-Vaca Gathering Co. v. Missouri-Kansas-Texas RailroadCourt of Appeals of Texas · 1972
- Carmack v. United StatesCourt of Appeals for the Eighth Circuit · 1943
- Mull v. Indianapolis & Cincinnati Traction Co.Indiana Supreme Court · 1907
- Harrold v. Central of Georgia Railway Co.Supreme Court of Georgia · 1915
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