St. Louis v. Western Union Telegraph Co.

Citations

• 148 U.S. 92
• 13 S. Ct. 485
• 37 L. Ed. 380
• 1893 U.S. LEXIS 2210

Syllabus

<p>In this case it appears by the bill of exceptions that there was an application at the close of the trial for an instruction that the plaintiff was entitled to judgment for the sum claimed, which was refused and exception taken, and this is held to present a question of law for the consideration of this court, although there were no special findings of fact.</p> <p>When the trial court, in a case where some facts are agreed and there is oral testimony as to others, makes a ruling of law upon a point not affected by the oral testimony, this court may consider it notwithstanding the fact that there was only a general finding of facts.</p> <p>A municipal charge for the use of the -streets of the municipality by a telegraph company, erecting its poles therein, is not a privilege or license tax.</p> <p>A telegraph company lias no right, under the act of July 24, 1805, c. '230, 14 Stat. 221, to occupy the public streets of a city without compensation.</p> <p>This case presents no question of estoppel.</p> <p>Whether such tax is reasonable is a question for the court.</p>