Western Union Telegraph Co. v. Union Pacific Railway Co.

The bill sets forth a contract in writing entered into between plaintiff and the Union Pacific Bailway Company, Eastern Division, of date October 1,1866, whereby the plaintiff, under certain terms and conditions, was to construct, maintain and operate a line of telegraph along the line and upon the right of way of said railway company.

The bill avers that the parties to said contract are, and were at the time of the execution thereof, existing corporations, with power and authority to make and enter into said contract. The Kansas Pacific Bailway Company was the successor of said Union Pacific…