Western Union Telegraph Co. v. Louisville & Nashville Railroad
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF KENTUCKY. Appeal from a decree of the District Court dismissing appellant’s petition in condemnation.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF KENTUCKY. Appeal from a decree of the District Court dismissing appellant’s petition in condemnation. A former appeal in this case went to the Circuit Court of Appeals. 249 Fed. 385. In an ancillary proceeding, an injunction was granted by the District Court, 201 Fed. 946, and sustained by the Circuit Court of Appeals, but on a subsequent appeal that court decided that it should be dissolved because of the repealing statute here in question. See 268 Fed. 4, 13.
1Opinion of the CourtJustice McKenna
Plaintiff in error, herein called the Telegraph Company, brought this proceeding to condemn an easement upon the right of way of defendant in error, herein called the Railroad Company, in exercise of a right conferred by a Kentucky statute of 1898 (Ky. Stats., § 4679c). 1
The purpose is to condemn as a, right under the sanction of the statute so .much of the right of way of the Eailroad Company as was occupied at the time of suit by the Telegraph Company under a contract with the Eailroad Company, which was about to expire.
After pleadings in addition to the petition and answer, the case was…
2Cases cited12 opinions
- Railroad Co. v. GrantSupreme Court of the United States · 1879
- Louisville & N. R. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1913
- Gaines v. Gaines'Court of Appeals of Kentucky · 1848
- Commonwealth v. Ewald Iron Co.Court of Appeals of Kentucky · 1913
- Louisville & N. R. Co. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1918
7 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- United States Ex Rel. Tennessee Valley Authority v. PowelsonSupreme Court of the United States · 1943
- Battaglia v. General Motors CorporationCourt of Appeals for the Second Circuit · 1948
- De Rodulfa v. United StatesCourt of Appeals for the D.C. Circuit · 1972
- Canisius College v. United StatesCourt of Appeals for the Second Circuit · 1986
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