Western Union Telegraph Co. v. Nashville, C. & St. L. R. Co.

NEWMAN, District Judge.

This case is now heard on a motion to dismiss. The facts which are set out in the bill make it a case which is controlled in every particular, it seems to me, by the decision of this court in the case of Western Union Telegraph Company v. Atlanta & West Point Railroad Company (D. C.) 227 Fed. 465, and especially by the case of Western Union Telegraph Company v. Louisville & Nashville Railroad Company (D. C.) 229 Fed. 234.

The lines involved in this case are the lines on the road from Kingston to Rome, and from 2 to 4 miles, according to the discussion here, of the old…