Legal Opinion

Western Union Telegraph Co. v. Louisville & N. R.

District Court, N.D. Georgia

Decided December 30, 1915No. 67PublishedCited by 3 opinions

In Equity. Suit by the Western Union Telegraph Company against the Louisville & Nashville Railroad Company. On motion to dismiss.

1Opinion of the Court

NEWMAN, District Judge.

This is a bill filed by the Western Union Telegraph Company, a citizen of the state of New York, against the Louisville & Nashville Railroad Company, a citizen of the state of Kentucky, and the case is now heard on a motion to dismiss, which has the same effect as a demurrer under the old practice and before the new equity rules were adopted.

[1, 2] The question of jurisdiction is raised at the threshold of this case, but I think that objection to the plaintiff’s proceeding is without merit. In the first place, 1 think it is a claim to an easement in land, or right to…

2Cases cited5 opinions

  1. In Re MooreSupreme Court of the United States · 1908
  2. Ex Parte WisnerSupreme Court of the United States · 1906
  3. Eldorado Coal & Mining Co. v. MariottiCourt of Appeals for the Seventh Circuit · 1914
  4. Adler Goldman Commission Co. v. WilliamsDistrict Court, W.D. Arkansas · 1914
  5. Western Union Telegraph Co. v. Atlanta & W. P. R.District Court, N.D. Georgia · 1915

3Cited by3 opinions

  1. Western Union Telegraph Co. v. Louisville & N. R.Court of Appeals for the Fifth Circuit · 1917
  2. Western Union Telegraph Co. v. Louisville & N. R.District Court, N.D. Georgia · 1917
  3. Western Union Telegraph Co. v. Nashville, C. & St. L. R. Co.District Court, N.D. Georgia · 1916

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