Western Union Telegraph Co. v. Louisville N. R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; William L. Martin, Judge. Suit by the Western Union Telegraph Company against the Louisville & Nashville Railroad Company. From a decree denying the relief prayed, complainant appeals.
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Appeal from Circuit Court, Montgomery County; William L. Martin, Judge. Suit by the Western Union Telegraph Company against the Louisville & Nashville Railroad Company. From a decree denying the relief prayed, complainant appeals. A tenant may, after his lease expires, set up title within himself. 77 Ala. 571; Bigelow on Estoppel, 562. The railroad cannot invoke the constitutional provision against one telegraph company acquiring a competing parallel line. 202 Ala. 542, 81 South. 44; 196 U. S. 415, 25 Sup. Ct. 369, 49 L. Ed. 537; 30 Minn. 54, 14 N. W. 258. The transactions shown in the bill…
1Opinion of the CourtMcCLELLAN, J.
The Western Union Telegraph Company, appellant, filed this (substituted) bill against the Louisville & Nashville Railroad Company, appellee, for the purpose, aside from injunction to maintain the status quo pendente lite, of invoking the aid of equity to put the appellant into possession and to assure to it the enjoyment of an easement, or right of way, on the west side of appellee’s railway line from Montgomery, Ala., to that line’s intersection with the Alabama'-Tennessee state line. The right to the easement claimed by the appellant is ascribed and attributed to condemnations of rights of…
2Cases cited3 opinions
- Western Union Telegraph Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1918
- Tennessee & Coosa Railroad v. TaylorSupreme Court of Alabama · 1893
- Stein v. DahmSupreme Court of Alabama · 1893
3Cited by10 opinions
- McCulloch v. RobertsSupreme Court of Alabama · 1973
- State v. Western Union Telegraph Co.Supreme Court of Alabama · 1922
- Alabama Power Co. v. DailyAlabama Court of Appeals · 1944
- Blackburn v. LefebvreCourt of Civil Appeals of Alabama · 2007
- Charles C. Gardiner Lumber Co. v. GravesSupreme Court of Rhode Island · 1939
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