St. Paul, M. & M. Ry. Co. v. Western Union Tel. Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Minnesota. For opinion below, see 106 Fed. 243. This is a controversy between the St. Paul, Minneapolis & Manitoba Railway Company, the appellant, and the Western Union Telegraph Company and the Northwestern Telegraph Company, the appellees, concerning their respective rights and interests in lines of telegraph erected and now standing on the right of-way of said railway company in the states of…
Read the full summary
Appeal from the Circuit Court of the United States for the District of Minnesota. For opinion below, see 106 Fed. 243. This is a controversy between the St. Paul, Minneapolis & Manitoba Railway Company, the appellant, and the Western Union Telegraph Company and the Northwestern Telegraph Company, the appellees, concerning their respective rights and interests in lines of telegraph erected and now standing on the right of-way of said railway company in the states of Minnesota, North Dakota, Montana, Idaho, Oregon, and Washington. For brevity, the appellant will be styled the Manitoba Company,…
1Opinion of the CourtThayer, Circuit Judge
The circuit court decided, in substance, that the seventh and eleventh paragraphs of the Smith & Simmons contract, quoted above in the statement, when considered together, granted to Smith & Simmons “a perpetual easement or right to establish, construct, and continue in the operation of a line of telegraph along the line [of railroad] specified in the contract [to wit, from St. Paul to Watab, Minn.], and along such further lines of railroad as should be constructed by the St. Paul & Pacific Railroad Company, and that it became a vested property right” from the date of that contract or grant,…
2Cases cited19 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- United States v. KirbySupreme Court of the United States · 1869
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- Joy v. St. LouisSupreme Court of the United States · 1891
- Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
14 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Stearns Lighting & Power Co. v. Central Trust Co.Court of Appeals for the Sixth Circuit · 1915
- Baltimore & O. R. v. Western Union Telegraph Co.District Court, S.D. New York · 1917
- Western Union Telegraph Co. v. Georgia R. & Banking Co.District Court, S.D. Georgia · 1915
- Great Northern Ry. Co. v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1909
- Western Union Tel. Co. v. Pennsylvania Co.U.S. Circuit Court for the District of Western Pennsylvania · 1903
1 more not listed; retrieve them via the Exa API.