Western Union Telegraph Co. v. Western & Atlantic Railroad

The State of Georgia owns a railroad extending from Atlanta to Chattanooga, Tennessee. The railroad was leased by an act of the legislature for a term of years; and the lessee was made a body corporate, under the name and style of the Western and Atlantic Railroad Company. The Western Union Telegraph Company desired to construct a line of telegraph wires upon the right of way of the railroad, and, being unable to agree with the State’s lessee, proceeded under the statute to condemn the interest of the lessee, so as to allow the construction of the line. The railroad company filed a petition…