Western Union Telegraph Co. v. Georgia R. & Banking Co.
District Court, S.D. Georgia
In Equity. Suit by the Western Union Telegraph Company against the Georgia Railroad & Banking Company, the Louisville & Nashville Railroad Company, and the Atlantic Coast Line Railroad Company. On motion by defendants to dismiss bill.
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In Equity. Suit by the Western Union Telegraph Company against the Georgia Railroad & Banking Company, the Louisville & Nashville Railroad Company, and the Atlantic Coast Line Railroad Company. On motion by defendants to dismiss bill. The Western Union Telegraph Company brought its bill against the Georgia Railroad & Banking Company, the Louisville & Nashville Railroad Company, and the Atlantic Coast Line Railroad Company, making the following allegations: Complainant is a citizen of the state of New York, the Georgia Railroad & Banking Company (hereinafter called the railroacj. company) is a…
1Opinion of the CourtLambdin, District Judge
(after stating the facts as above). This case is now before me on motion filed by the defendants to dismiss the bill of complainant upon the grounds above stated.
[1] 1. The first question to be determined is whether, under the allegations of the bill, the telegraph company obtained a perpetual and irrevocable easement in and upon the right of way of the railroad company for the construction, maintenance, and operation of its telegraph lines. The telegraph company alleges that it and its predecessors derived title to such an easement in several different ways, as stated above, to wit: (a) By…
2Cases cited42 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- United States v. KirbySupreme Court of the United States · 1869
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- Joy v. St. LouisSupreme Court of the United States · 1891
- Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
37 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Evans v. NewtonSupreme Court of the United States · 1966
- Peckham v. Atchison, T. & S. F. R. Co.Supreme Court of Oklahoma · 1923
- Montgomery v. Alabama Power Co.Supreme Court of Alabama · 1948
- Western Union Telegraph Co. v. Road Improvement District No. 1Supreme Court of Arkansas · 1920
- Evans v. NewtonSupreme Court of the United States · 1966
1 more not listed; retrieve them via the Exa API.