Ohio Postal Telegraph Cable Co. v. Board of Com'rs

Citations

• 137 F. 947
• 15 Ohio F. Dec. 780
• 1905 U.S. App. LEXIS 5020

Syllabus

<p>1. Telegraphs—Occupancy op Highway—Right op State to Compel Removal.</p> <p>A telegraph company which has built its line on a public highway, which is a post road, with the consent of the local authorities having jurisdiction, and has filed its acceptance of the provisions of Rev. St. § 5263 [U. S. Comp. St. 190T, p. 3579], cannot be required to remove such line without compensation, nor can it be removed by the authorities, because since its erection it has become an inconvenience to the public, by reason of the construction of a street railway which occupies a portion of the highway, also, by consent of' the. authorities.</p> <p>[Ed. Note.—For cases in point, see vol. 45, Cent. Dig. Telegraphs and Telephones, §§ 6, 7.]</p> <p>2. Federal Courts—Jurisdiction—Federal Question.</p> <p>A federal court has jurisdiction of a suit by a telegraph company which has accepted the provisions of Rev. St. § 5263 [U. S. Comp. St. 1901, p. 3579], to enjoin the threatened removal or destruction of its line by the local officers.</p> <p>[Ed. Note.—Jurisdiction of federal courts in cases involving federal questions, see notes to Bailey v. Mosher, 11 C. C. A. 308; Montana Ore Purchasing Co. v. Boston & M. C. C. & S. Min. Co., 35 C. C. A. 7J</p>