Western Union Telegraph Co. v. Pennsylvania R.

Citations

• 123 F. 33
• 59 C.C.A. 113
• 1903 U.S. App. LEXIS 3964

Syllabus

<p>1. Landlord and Tenant—Notice to Quit—Waiver.</p> <p>Pursuant to the action of its board of directors, a railroad company, by its president and secretary, served notice on a telegraph company of the termination of a lease under which the latter company had maintained its lines on the right of way of the railroad for 20 years, and requiring it to remove its poles and wires from such right of way. By the terms of the lease the telegraph company had six months within which to make the removal, and during that time the payment of rent by it was expressly waived. Held, that a payment of rent voluntarily made after the notice by the treasurer of the telegraph company in the usual course, and accepted by the comptroller of the railroad company, did not constitute a waiver by such company of the notice; it not appearing that such was the intention, or that the comptroller had authority to make such waiver if he had so intended.</p> <p>3. Telegraph Companies—Lease op Right op Way—Right to Continue Occupancy after Expiration.</p> <p>A telegraph company which had occupied with its lines the right of way of a railroad under a lease which in express terms required such company to remove its poles and wires after its termination, on notice by the railroad company, has no contractual right to continue its occupancy after the lease has terminated and the notice of removal has been given for the required length of time.</p> <p>8. Eminent Domain—Exercise op Right by Corporation—Land Devoted to Another Public Use.</p> <p>The right of eminent domain may be exercised by a corporation only when granted in express terms or by necessary implication, and property held and used by one corporation for a public purpose cannot be appropriated by another for its use without authority clearly expressed, or which may be implied from the fact that the use claimed is absolutely necessary to the accomplishment of the purpose for which the claimant corporation was created.</p> <p>¶ 3. See Eminent D