Western Union Telegraph Co. v. Postal Telegraph Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District -of Oregon; Chas. E. Wolverton, Judge. Suit in equity by the Postal Telegraph Company against the Western Union Telegraph Company and the Southern Pacific Company. Decree for complainant, and defendants appeal. Affirmed. The case is fairly stated by counsel for the appellants.
Read the full summary
Appeal from the District Court of the United States for the District -of Oregon; Chas. E. Wolverton, Judge. Suit in equity by the Postal Telegraph Company against the Western Union Telegraph Company and the Southern Pacific Company. Decree for complainant, and defendants appeal. Affirmed. The case is fairly stated by counsel for the appellants. The original bill was filed August 25, 1911, and alleged, among other things, that the defendant Southern Pacific Company owns a leasehold interest in the railroad right of way of the Oregon & California Railroad Company from Eugene, in Lane county,…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). [1] We are of the opinion that the court below was clearly right in holding the attempted grant by the Southern Pacific Company to the Western Union Telegraph Company of the exclusive right for the construction, maintenance, and operation of a telegraph line upon the railroad company’s right of way void and of no effect. A similar question came before the Circuit Court for the Southern District of California in 1894, in the cases of Mercantile Trust Co. v. Atlantic & Pacific Railroad Co. (C. C.) 63 Fed. 513, and Mercantile Trust Co. v. Atlantic & Pacific…
2Cases cited7 opinions
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- In Re LennonSupreme Court of the United States · 1897
- United States v. Union Pacific Railway Co.Supreme Court of the United States · 1895
- Western Union Telegraph Co. v. Burlington & Southwestern Ry. Co.United States District Court · 1882
- Pokegama Sugar-Pine Lumber Co. v. Klamath River Lumber & Improvement Co.U.S. Circuit Court for the District of Northern California · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Virginian Ry. Co. v. SYSTEM FEDERATION NO. 40, ETC.Court of Appeals for the Fourth Circuit · 1936
- Sims v. StuartDistrict Court, S.D. New York · 1922
- Hynek v. MCI World Communications, Inc.District Court, N.D. Indiana · 2002
- Washington ex rel. City of Seattle v. Puget Sound Traction, Light & Power Co.District Court, W.D. Washington · 1917
- Mutual Oil Co. v. Empire Petroleum Co.Court of Appeals for the Sixth Circuit · 1925