Western Union Tel. Co. v. Pennsylvania R.

Citations

• 120 F. 981
• 1903 U.S. App. LEXIS 5315

Syllabus

<p>1. Telegraph Companies — Maintenance of Line — Post Roads — Right of Wav — Condemnation—Destruction op Line — Injunction.</p> <p>Act July 24, 1866 (14 Stat. 221), authorizes any telegraph company to construct, maintain, and operate its lines over and along any military or post road of the United States, after filing its written acceptance of the obligations required by the act; and Rev. St. § 3964 (23 Stat. 3 [U. S. Comp. St. 1901, p. 2708]), declares that all railroads, of the United States are post roads. Held, that where a telegraph company which had accepted the act of 1866, and had maintained its line along a railroad right of way for many years, had been directed by the railroad company to remove its line in accordance with the contract under which it was constructed, and had brought suit to condemn a right of way along such railroad, and the maintenance of the line during the pend-ency of such condemnation proceedings would not result in material damage to the railroad company, but its destruction would result in irreparable damage to the telegraph company, an injunction against such destruction, pending the suit to condemn, should be granted.</p>