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WESTERN UNION TEL. CO. v. PENN. R.R. CO.

No. 90.

195 U.S. 594 (1904)

25 S.Ct. 150

49 L.Ed. 332

WESTERN UNION TELEGRAPH COMPANY v. PENNSYLVANIA RAILROAD COMPANY.

Supreme Court of United States.

Decided December 12, 1904.

Attorney(s) appearing for the Case

Mr. John F. Dillon, Mr. Rush Taggart and Mr. Henry D. Estabrook for plaintiff in error as to the special points involved in No. 90.1

Mr. John G. Johnson for defendant in error.1a

MR. JUSTICE McKENNA delivered the opinion of the court.

This was a petition on the law side of the Circuit Court for the Western District of Pennsylvania to condemn part of the defendant's right of way and appropriate it to telegraph purposes. There was also a bill on the equity side praying for an injunction to restrain defendant in error from dispossessing plaintiff in error during the pending of the condemnation proceedings...

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