Western Union Telegraph Co. v. Louisville & N. R.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Illinois. Suit by the Louisville & Nashville Railroad Company against the Western, Union Telegraph Company of Illinois, the Western Union Telegraph Company, and the Southeast & St. Louis Railway Company. From an order denying a motion to vacate an injunction forbidding defendants to enter on complainant’s right of .way to construct a telegraph line, they appeal.
1Opinion of the Court
BAKER, Circuit Judge.
On February 3, 1912, the appellant, Western Union Telegraph Company of Illinois, filed in the county court of Sf. Clair county, Ill., its petition to condemn a right of way for a telegraph line upon and along the railroad right of way of the ap-pellee across the state of Illinois, under an Illinois statute which professes to authorize such condemnation proceedings. A few weeks thereafter appellee began the present suit to enjoin appellants from prosecuting the condemnation proceeding in the state court and from entering upon the railroad right of way. In April, 1912, a…
2Cases cited14 opinions
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- Dial v. ReynoldsSupreme Court of the United States · 1878
- Haines v. CarpenterSupreme Court of the United States · 1876
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