Legal Opinion

City of St. Louis v. Western Union Tel. Co.

U.S. Circuit Court for the District of Eastern Missouri

Decided July 9, 1894PublishedCited by 12 opinions

This was an action of assnmpsit by the city of St. Louis against the Western Union Telegraph Company. A trial by jury was waived, and the case was submitted on an agreed statement of facts, on which the circuit court rendered judgment for defendant. 39 Fed. 59. On writ of error, the judgment was reversed by the supreme court, and a new trial was ordered. 13 Sup. Ct. 485, 148 U. S. 92; 13 Sup.

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This was an action of assnmpsit by the city of St. Louis against the Western Union Telegraph Company. A trial by jury was waived, and the case was submitted on an agreed statement of facts, on which the circuit court rendered judgment for defendant. 39 Fed. 59. On writ of error, the judgment was reversed by the supreme court, and a new trial was ordered. 13 Sup. Ct. 485, 148 U. S. 92; 13 Sup. Ct. 990, 149 U. S. 465. The case was heard on the agreed statement of facts and. additional evidence.

1Opinion of the Court

PHILIPS, District Judge.

This is an action of assumpsit, instituted April 7, 1888, to recover the sum of $22,635, under Ordinance *69No. 12,733, passed March 22, 3884, by the plaintiff city, providing for the payment of $o per telegraph pole “for the privilege of using the streets, alleys, and public places thereof.” The ca,se was tried in this court, without the intervention of a jury before' Judge Thayer, resulting in a judgment for defendant. See 39 Fed. 59. On writ of error to the supreme court, this judgment was reversed, and the cause remanded for a new trial. See 148 U. S. 92, 13 Sup. Ct.…

2Cases cited14 opinions

  1. Fletcher v. PeckSupreme Court of the United States · 1810
  2. St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
  3. Chicago v. SheldonSupreme Court of the United States · 1870
  4. St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
  5. Western Paving & Supply Co. v. Citizens' Street RailroadIndiana Supreme Court · 1891

9 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. City of Des Moines v. Iowa Telephone Co.Supreme Court of Iowa · 1917
  2. Northwestern Telephone Exchange Co. v. AndersonNorth Dakota Supreme Court · 1904
  3. Salt Lake City v. Utah Light & Railway Co.Utah Supreme Court · 1914
  4. City of Spokane v. Spokane Gas & Fuel Co.Washington Supreme Court · 1933
  5. Africa v. Board of Mayor & Aldermen of KnoxvilleU.S. Circuit Court for the District of Eastern Tennessee · 1895

7 more not listed; retrieve them via the Exa API.

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