Southern Ry. Co. v. Postal Tel. Cable Co.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Western District of North Carolina. On June 11, 1898, the Postal Telegraph Gable Company, a. corporation of New York, filed in the office of the clerk of the superior court of Guilford county, N. O., a petition, making the Southern Railway Company the sole defendant, to obtain by condemnation the right to construct, maintain, and operate a telegraph line along and upon the right of way of the Southern Railway…
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In Error to the Circuit Court of the United States for the Western District of North Carolina. On June 11, 1898, the Postal Telegraph Gable Company, a. corporation of New York, filed in the office of the clerk of the superior court of Guilford county, N. O., a petition, making the Southern Railway Company the sole defendant, to obtain by condemnation the right to construct, maintain, and operate a telegraph line along and upon the right of way of the Southern Railway Company, from a point on the state line between the states of North Carolina and Virginia south to Charlotte, and from…
1Opinion of the CourtMorris, District Judge
(after stating the facts as above). The rule that a writ of error or appeal does not lie, except to a final judgment which determines the controversy between the parties, is so conclusively settled that the burden is upon the plaintiff in error to show that this is a case to which that general rule does not apply. The contention of the plaintiff in error is that it is not appealing from the order appointing commissioners, but from the action of the court below in refusing to allow it to introduce testimony to sustain its contention that the proposed telegraph line could not be so constructed…
2Cases cited12 opinions
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- Luxton v. North River Bridge Co.Supreme Court of the United States · 1893
- Keystone Manganese & Iron Co. v. MartinSupreme Court of the United States · 1889
- Wheeling & Belmont Bridge Co. v. Wheeling Bridge Co.Supreme Court of the United States · 1891
- Holcombe v. McKusickSupreme Court of the United States · 1858
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3Cited by4 opinions
- United States v. New York, New Haven and Hartford Railroad Company, Tri-Continental Financial Corporation, A. C. Allyn and Company, Incorporated, American Transportation Enterprises, Inc., Equitable Securities Corporation, Carl M. Loeb, Rhoades & Co., the Robinson-Humphrey Company, Inc., and John W. Clarke & Co., Helene Glenmore v. John I. AhernCourt of Appeals for the Second Circuit · 1960
- United States v. New York, New Haven & Hartford RailroadCourt of Appeals for the D.C. Circuit · 1959
- Arp v. State Highway CommissionWyoming Supreme Court · 1977
- Arp v. State Highway CommissionWyoming Supreme Court · 1977