New Orleans, Mobile & Texas R. R. v. Southern & Atlantic Telegraph Co.
Supreme Court of Alabama
Appeal from Probate Court of Mobile. This was a proceeding by the Southern and Atlantic Telegraph Company, to condemn or subject to its use, for the purpose of constructing, maintaining and operating its lines of telegraph, the right of way, bridges and trestles of the New Orleans, Mobile and Texas Railroad Company, in such a manner as not to obstruct or hinder the use of the railroad.
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Appeal from Probate Court of Mobile. This was a proceeding by the Southern and Atlantic Telegraph Company, to condemn or subject to its use, for the purpose of constructing, maintaining and operating its lines of telegraph, the right of way, bridges and trestles of the New Orleans, Mobile and Texas Railroad Company, in such a manner as not to obstruct or hinder the use of the railroad. The petition of the telegraph company, which was addressed to the judge of probate, was sworn to, and recites that the telegraph company is a corporation duly chartered and organized under the laws of the State…
1Opinion of the CourtManning, J.
Lines of communication for the transmission of messages by the electric telegraph, between dis*219tant places, may constitute a work of “public use,” according to the law relating to the right of eminent domain.
By a statute of this State, approved April 4, 1873, (Acts of 1872-3, No. 86,) “any telegraph company chartered or incorporated by this or any other State, shall have the right to construct, maintain and operate lines of telegraph along any of the railroads, or other public highways in the State of Alabama” — but so “as not to obstruct or hinder the usual travel on such railroad or other…
2Cases cited1 opinion
- Burden v. SteinSupreme Court of Alabama · 1854
3Cited by15 opinions
- St. Louis & Cairo Railroad v. Postal Telegraph Co.Illinois Supreme Court · 1898
- Ryan v. Terminal Co.Tennessee Supreme Court · 1899
- The Industrial Development Board of the Town of Section, Alabama v. Fuqua Industries, Inc., the Industrial Development Board of the City of Fort Payne, Alabama v. Fuqua Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
- Mobile & Ohio Railroad v. Postal Telegraph Cable Co.Supreme Court of Alabama · 1897
- Blackburn v. Alabama Great Southern RailroadSupreme Court of Alabama · 1904
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