Mobile & Ohio Railroad v. Postal Telegraph-Cable Co.

Citations

• 76 Miss. 731

Syllabus

<p>1. Eminent Domain. Telegraph companies. Railroad right of way. Condemnation. Measv/re of damages.</p> <p>The measure of a railroad company’s damages on condemnation of its right of way for a telegraph line is not the value of the land embraced within the right of way between the poles and under the wires, but the extent to which the value of the use of such spaces by the railroad company is diminished by the telegraph company’s use of the same for its purposes. Postal Tel. Co. v. Ala., etc., Ry. Co., 68 Miss.. 314, overruled.</p> <p>2. Same. Change of route by railroad. Remote contingency.</p> <p>The possibility that a railroad company may in the future change its route and use for other purposes the land embraced in its right of way does not operate to make such possible use an element of damage on condemnation of the right of way for a telegraph -line, the contingency being too remote.</p> <p>3. Same. Obstruction of future tracks. Agreement to remove poles.</p> <p>That telegraph poles on a railroad right of way may be in the way of such tracks as the railroad company may thereafter lay is not an element of damage on condemnation proceedings by the telegraph company when it agrees in such ease, on reasonable notice, to remove the poles, at its own expense, to any other adjacent point on the right of way designated by the railroad company.</p> <p>i. Samm. Contract with other telegraph company. Exclusive right.</p> <p>A contract between a railroad company and a telegraph company providing' that the latter shall have the exclusive right to construct and operate a telegraph line along the former’s right of way is in restraint of trade, and void, in so far as it purports to be exclusive, and is of no effect to prevent condemnation proceedings by another telegraph company.</p>