Legal Opinion

Western Union Telegraph Co. v. Pennsylvania Railroad

Supreme Court of the United States

Decided December 12, 1904No. 89, 199PublishedCited by 150 opinions

APPEAL FROM AND ON WRIT OF CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. This is a, bill in equity filed in the Circuit Court of the District of New Jersey by the appellant against the appellee, the Pennsylvania Railroad Company, to prevent the latter from removing from various railroad companies', rights of way the telegraph lines of the appellant.

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APPEAL FROM AND ON WRIT OF CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. This is a, bill in equity filed in the Circuit Court of the District of New Jersey by the appellant against the appellee, the Pennsylvania Railroad Company, to prevent the latter from removing from various railroad companies', rights of way the telegraph lines of the appellant. The bill was filed in aid of a petition on the law side of the court, praying the court to isstte its process or take such modes of procedure as might be agreeable to the principles and usages of law, to determine the amount of…

1Opinion of the CourtJustice McKenna

By an act of Congress, approved July 7, 1838, and by sub- ■ ■ sequent' acts, March 3, 1853, 10 Stat. 249, 255, c. 146; sec. 3964, Rev. Stat., June 8, 1872, 17 Stat. 283, railroads within the limits of the United States were made post routes or roads.

By-act' of March 1, 1884, it is provided “that all public roads and highways^ while kept up and maintained as such, are hereby declared to be post routes.” 23 Stat. 3, c. 9.

The act-of 1866 is as follows, 14 Stat. 221, c. 230:. “Be it enacted by the Senate and House of Representatives of *558the United States of America in Congress assembled, That any…

2Cases cited11 opinions

  1. Kohl v. United StatesSupreme Court of the United States · 1876
  2. Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
  3. Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
  4. St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
  5. Western Union Telegraph Co. v. Attorney General of CommonwealthSupreme Court of the United States · 1888

6 more not listed; retrieve them via the Exa API.

3Cited by150 opinions

  1. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  2. Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
  3. United States v. Virginia Electric & Power Co.Supreme Court of the United States · 1961
  4. United States v. Shoshone Tribe of IndiansSupreme Court of the United States · 1938
  5. Donovan v. Pennsylvania Co.Supreme Court of the United States · 1905

145 more not listed; retrieve them via the Exa API.

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