Central Branch Union Pacific Railroad v. Western Union Telegraph Co.

Foster, D. J.

The plaintiff filed its bill on the twenty-seventh day of February last, in the state court, setting forth its corporation, and its franchises granted under the act of congress entitled “An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the government the use of the same for postal, military, and other purposes,” approved July 1, 1862, by which it was authorized to construct a railroad and telegraph line, as a part of the Union Pacific Bail.xoad system, for 100 miles west of the Missouri river; that…