Postal Telegraph Cable Co. of Montana v. Nolan
District Court, D. Montana
In Equity. Suit by the Postal Telegraph Cable Company of Montana against Joseph P. Nolan and others to enjoin defendants from destroying plaintiff’s telegraph lines on a railroad right of way. On defendants’ motion to dismiss.
1Opinion of the Court
BOURQUIN, District Judge.
This case by complaint and proof on an order to show cause is one wherein plaintiff seeks to enjoin defendants from continued destruction of the former’s interstate telegraph lines upon a railroad’s right of way (an easement acquired by condemnation) wherein the railroad company and defendants appear to be cotenants in the fee, plaintiff having the railroad company’s permit to place the former’s wires on the latter’s poles on said right of way. All parties hereto are citizens of Montana.
Plaintiff has complied with the federal Telegraphs on Post Roads Act (10 West’s…
2Cases cited6 opinions
- Hudson County Water Co. v. McCarterSupreme Court of the United States · 1908
- Hall v. BurrSupreme Court of the United States · 1914
- Western Union Telegraph Co. v. Ann Arbor RailroadSupreme Court of the United States · 1900
- Western Union Telegraph Co. v. City of RichmondSupreme Court of the United States · 1912
- Town of Essex v. New England Telegraph Company of MassachusettsSupreme Court of the United States · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Levering & Garrigues Co. v. MorrinCourt of Appeals for the Second Circuit · 1932
- Toledo, P. & W. R. R. v. Brotherhood of Railroad TrainmenCourt of Appeals for the Seventh Circuit · 1942
- Coblentz v. SparksDistrict Court, S.D. Ohio · 1940
- Colonial Drug & Sales Co. v. Western Products Co.Court of Appeals for the Tenth Circuit · 1931
- Mosher v. City of PhœnixCourt of Appeals for the Ninth Circuit · 1931
1 more not listed; retrieve them via the Exa API.