Legal Opinion

Western Union Telegraph Co. v. Call Publishing Co.

Supreme Court of the United States

Decided April 15, 1901No. 117PublishedCited by 101 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA. This was an action commenced on April 29, 1891, in the'district court of Lancaster County, Nebraska, by the Call Publishing Company to recover sums alleged to "have been wrongfully charged and collected from it by tbe defendant, now plaintiff in error, for telegraphic services rendered.

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ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA. This was an action commenced on April 29, 1891, in the'district court of Lancaster County, Nebraska, by the Call Publishing Company to recover sums alleged to "have been wrongfully charged and collected from it by tbe defendant, now plaintiff in error, for telegraphic services rendered. According .to tbe petition the plaintiff bad been engaged in- publishing a daily newspaper in Lincoln, Nebraska, called The Lincoln Daily Call. Tbe Nebraska State Journal was another newspaper published at the same time in tbe same city, by the State Journal…

1Opinion of the CourtJustice Bbewee

The contention of the telegraph company is substantially, that the services which it rendered to the publishing company were a matter of interstate commerce; that Congress has sole jurisdiction over such matters, and can alone prescribe rules and regulations therefor; that it had not at the time these services were rendered prescribed any'regulations concerning them; that there is no national common law, and that whatever may be the statute or common law of Nebraska is wholly immaterial; and that, therefore, there being no controlling statute or common law, the state court erred in holding t…

2Cases cited10 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  3. Smith v. AlabamaSupreme Court of the United States · 1888
  4. Wheaton and Donaldson v. Peters and GriggSupreme Court of the United States · 1834
  5. Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876

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3Cited by101 opinions

  1. Kansas v. ColoradoSupreme Court of the United States · 1907
  2. Oregon Ex Rel. State Land Board v. Corvallis Sand & Gravel Co.Supreme Court of the United States · 1977
  3. State v. CourchesneSupreme Court of Connecticut · 2010
  4. United Fuel Gas Co. v. Public Service CommissionWest Virginia Supreme Court · 1914
  5. O'Brien v. Western Union Telegraph Co.Court of Appeals for the First Circuit · 1940

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