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

Citations

• 207 F. 1
• 124 C.C.A. 573
• 1913 U.S. App. LEXIS 1597

Syllabus

<p>1. Appeal and Error (§ 954*)—Review—Order Granting Preliminary Injunction.</p> <p>As a general rule, an appellate court will not reverse an order granting or refusing a preliminary injunciion, unless it appears that in making the order the legal discretion vested in the court was improperly exercised; but it will reverse an order granting an injunction where there appears any insuperable objection in point of jurisdiction or merits to the maintenance of the suit, and may in such case dismiss the bill, since there can be no room for the exercise of discretion.</p> <p>[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 3818-3821; Dec. Dig. § 954.*]</p> <p>2. Injunction (§ 88*)—Temporary Injunction—Grounds—Preventing Interference with Telegraph Lines.</p> <p>A telegraph company is a public service corporation, and where such a company has been operating its lines, forming an extensive system, over the right of way of a railroad company under a contract which has expired by limitation, a court of equity has power in a proper case, in the public interest, to enjoin the railroad company from interfering with such operation pending proceedings instituted by the telegraph company under state statutes to condemn right of way for its linos’over the property of the railroad company.</p> <p>[Ed. Note.—For other cases, see Injunction, Cent. Dig. §§ 86-90; Dec. Dig. § 38.*]</p> <p>3. Courts (§ 266*)—Jurisdiction—Territorial Limitation—Nature of Suit.</p> <p>Complainant, a telegraph company, for years operated lines over the right of way of defendant’s railroad, extending through Kentucky and other states as a part of its general system covering the entire country, under a contract with defendant. The term’ expired, and, the parties having failed to agree on a renewal of the contract, complainant served notice of its termination. Complainant having instituted proceedings, under the laws of the several states through which the road passed, to condemn right of way for