Baltimore & O. R. v. Western Union Telegraph Co.
District Court, S.D. New York
In Equity. Suit by the Baltimore & Ohio Railroad Company against the Western Union Telegraph Company. On hearing on bill and answer. The cause having come up on hill and answer, plaintiff seeks a decree adjudging that: (1) A certain contract between the parties is lawful and in full force and effect; (2) defendant specifically perform the contract; and (3) plaintiff have an injunction against defendant restraining it from' violating the provisions of the contract.
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In Equity. Suit by the Baltimore & Ohio Railroad Company against the Western Union Telegraph Company. On hearing on bill and answer. The cause having come up on hill and answer, plaintiff seeks a decree adjudging that: (1) A certain contract between the parties is lawful and in full force and effect; (2) defendant specifically perform the contract; and (3) plaintiff have an injunction against defendant restraining it from' violating the provisions of the contract. On October 15, 1887, the parties entered into the written contract here under consideration. (The numbers hereinafter refer to…
1Opinion of the CourtMayer, District Judge
(after stating the facts as above). [1] The complaint sets up a cause of equity under the authority of such cases as Bank of Kentucky v. Stone et al. (C. C.) 88 Fed. 383, and United States Life Ins. Co. v. Cable, 98 Fed. 761, 39 C. C. A. 264.
[2] The question here under consideration is the meaning of the expression “the exchange of services” as found in the act approved on June 18, 1910.
The contract between these parties is typical of contracts between railroad companies and the Telegraph Co. throughout the United *170States, and the importance of the question may be realized when it is stated…
2Cases cited23 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- United States v. Union Pacific RailroadSupreme Court of the United States · 1875
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
- Aldridge v. WilliamsSupreme Court of the United States · 1844
18 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Helvering v. Nebraska Bridge Supply & Lumber Co.Court of Appeals for the Eighth Circuit · 1940
- Herring Motor Co. v. Aetna Trust & Savings Co.Indiana Court of Appeals · 1926
- Chicago Great Western R. v. Postal Telegraph-Cable Co.Court of Appeals for the Seventh Circuit · 1918
- Fischer v. CommissionerUnited States Board of Tax Appeals · 1942
- Chicago Great Western R. v. Postal Telegraph-Cable Co.District Court, N.D. Illinois · 1917
2 more not listed; retrieve them via the Exa API.