East Tennessee, Virginia & Georgia Railroad v. Southern Telegraph Co.
Supreme Court of the United States
IN ERROR TO TIIE CIRCUIT COURT OE THE UNITED STATES EOR THE MIDDLE DISTRICT OE ALABAMA. This was a motion to dismiss a writ of error for want of jurisdiction; or, if that should be denied, to modify the supersedeas.
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IN ERROR TO TIIE CIRCUIT COURT OE THE UNITED STATES EOR THE MIDDLE DISTRICT OE ALABAMA. This was a motion to dismiss a writ of error for want of jurisdiction; or, if that should be denied, to modify the supersedeas. Sections 1930, .1931, 1932 of the Code of Alabama give telegraph companies incorporated by other States a “ right of way over the lands,, franchises and easements of other persons and corporations, and the right to erect poles and establish offices, upon making just compensation as now provided by law.” Sections 3580 to'3600, inclusive, prescribe the mode in which such a company…
1Opinion of the CourtChief Justice Waite
He stated the facts in the foregoing language, and continued:
The value of the matter in dispute in this court is the difference between the amount of compensation claimed by the railroad company on its intervention and the amount assessed by the jury. Hilton v. Dickinson, 108 U. S. 165. There is nothing in the record to show that the alleged value of the property is not the true measure of the compensation to be assessed. As this amount is $12,000, and the jury allowed only $500, it follows that the value of the matter in dispute is sufficient to give us jurisdiction.
This is a proceeding…
2Cases cited1 opinion
- Hilton v. DickinsonSupreme Court of the United States · 1883
3Cited by19 opinions
- County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959
- Allen v. Comm'rs of Pittsburg CountySupreme Court of Oklahoma · 1911
- State v. CatlettWashington Supreme Court · 1997
- McLellan v. Automobile Ins. Co.Court of Appeals for the Ninth Circuit · 1935
- Murray v. American Surety Co.Court of Appeals for the Ninth Circuit · 1895
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