Legal Opinion

Western Union Telegraph Co. v. Chicago & Paducah Railroad

Illinois Supreme Court

Decided September 15, 1877PublishedCited by 11 opinions

Appeal from the Circuit Court of LaSalle County; the Hon. E. S. Lbland, Judge, presiding. This was a bill in equity brought by the Western Union Telegraph Company against the Chicago and Paducah Rail-rood Compauy and the Atlantic and Pacific Telegraph Company, for an injunction to restrain the last-named telegraph company from the use, for the line of its wire, of the telegraph poles along the road of the railroad company.

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Appeal from the Circuit Court of LaSalle County; the Hon. E. S. Lbland, Judge, presiding. This was a bill in equity brought by the Western Union Telegraph Company against the Chicago and Paducah Rail-rood Compauy and the Atlantic and Pacific Telegraph Company, for an injunction to restrain the last-named telegraph company from the use, for the line of its wire, of the telegraph poles along the road of the railroad company. The facts appearing are, that in the winter and spring of 1874, the Chicago and Paducah Railroad Company was constructing and had about completed its railroad from Streator…

1Opinion of the CourtJustice Sheldon

The defense set up against the bill is, that the alleged contract was never executed by the railroad company, and is not binding upon it. The statute of frauds is also set up ; and that the contract should not be enforced, as being against public policy.

The draft of contract in the case was not actually signed by the railroad company, and it is contended that Plumb had no authority to make such a contract for the company. This being admitted, still the fact appears that Plumb, the vice-president and general manager of the railroad company, by his letter to the telegraph company, expressly…

2Cases cited1 opinion

  1. McConnell v. BrillhartIllinois Supreme Court · 1856

3Cited by11 opinions

  1. West Virginia Transportation Co. v. Ohio River Pipe Line Co.West Virginia Supreme Court · 1883
  2. City of Tyler v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1906
  3. Western Union Telegraph Co. v. Burlington & Southwestern Ry. Co.United States District Court · 1882
  4. Freeport Journal-Standard Publishing Co. v. Frederic W. Ziv Co.Appellate Court of Illinois · 1952
  5. Francis v. BarryMichigan Supreme Court · 1888

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