Western Union Tel. Co. v. Ann Arbor R.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of tbe United States for the Western District,of Michigan. This was a bill in equity by the Western Union Telegraph Company — First, to restrain the defendant, the Ann Arbor Railroad Company, from interfering with the telegraph wires and poles of the complainant, running from Thomp-sonville to Frankfort, on the line of the defendant’s railroad; second, to compel the defendant to allow the complainant to reconnect the wires to the complainant’s…
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Appeal from the Circuit Court of tbe United States for the Western District,of Michigan. This was a bill in equity by the Western Union Telegraph Company — First, to restrain the defendant, the Ann Arbor Railroad Company, from interfering with the telegraph wires and poles of the complainant, running from Thomp-sonville to Frankfort, on the line of the defendant’s railroad; second, to compel the defendant to allow the complainant to reconnect the wires to the complainant’s main line on the Chicago & Western Michigan Railroad, and to use the wires for its telegraph business as they were used…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). Had the mortgage of the Frankfort & Southeastern Railroad Company the character and incidents of a mortgage at common law, it cannot be doubted that, by the' entry upon the premises of the assignee of the mortgage, all rights of the telegraph company under its contract would have ceased, and its attempt to continue the enjoyment of the easement said to have been created thereby would have been nothing but a trespass. In England, at the common law, title and right of possession passed to the mortgagee at once upon the execution of the mortgage, and, if the mortgagor…
2Cases cited12 opinions
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- Teal v. WalkerSupreme Court of the United States · 1884
- McMillan v. RichardsCalifornia Supreme Court · 1858
- Bruckner's lessee v. LawrenceMichigan Supreme Court · 1843
- Lane v. KingNew York Supreme Court · 1832
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
- Northwestern Telephone Exchange Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1899
- St. Louis, Iron Mountain & Southern Railway Co. v. Cape Girardeau Bell Telephone Co.Missouri Court of Appeals · 1908
- Cosgriff v. Tri-State Telephone & Telegraph Co.North Dakota Supreme Court · 1906
- Detroit, Toledo & Ironton Railroad v. Western Union Telegraph Co.Michigan Supreme Court · 1918
11 more not listed; retrieve them via the Exa API.