Legal Opinion

Western Union Telegraph Co. v. Atlanta & W. P. R.

Court of Appeals for the Fifth Circuit

Decided January 2, 1917No. 2850PublishedCited by 5 opinions

Appeal from the District Court of the United. States for the Northern District of Georgia; William T. Newman, Judge. Action by the Western Union Telegraph Company against the Atlanta & West Point Railroad Company. Decree dismissing the bill (227 Fed. 465), and plaintiff appeals.

1Opinion of the Court

WARKER, Circuit Judge.

The claim was made by the bill in this case that the appellant, which was the plaintiff in that bill, at the time the suit was brought, was seised and possessed of irrevocable, perpetual, assignable easements or rights for the construction, maintenance, and operation of telegraph lines, and for the conduct of a telegraph business upon, along, or over specified railroad rights of way and other properties of the defendant railroad company. It appears to us that the facts and circumstances averred in the bill do not show the existence of the asserted rights or easements.…

2Cases cited2 opinions

  1. Western Union Telegraph Co. v. Louisville & N. R.Court of Appeals for the Fifth Circuit · 1917
  2. Western Union Telegraph Co. v. Atlanta & W. P. R.District Court, N.D. Georgia · 1915

3Cited by5 opinions

  1. Taylor v. SpurwayCourt of Appeals for the Fifth Circuit · 1934
  2. Western Union Telegraph Co. v. Atlanta & W. P. R.District Court, N.D. Georgia · 1917
  3. In re GriffithDistrict Court, D. Delaware · 1922
  4. Western Union Telegraph Co. v. Nashville, C. & St. L. Ry.Court of Appeals for the Fifth Circuit · 1917
  5. Western Union Telegraph Co. v. Western Ry. of AlabamaCourt of Appeals for the Fifth Circuit · 1917

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