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LOUIS & NASH. R.R. v. WEST. UN. TEL. CO.

No. 183.

237 U.S. 300 (1915)

35 S.Ct. 598

59 L.Ed. 956

LOUISVILLE AND NASHVILLE RAILROAD COMPANY v. WESTERN UNION TELEGRAPH COMPANY.

Supreme Court of United States.

Decided April 12, 1915.

Attorney(s) appearing for the Case

Mr. Victor Leovy and Mr. John G. Johnson, with whom Mr. Henry L. Stone and Mr. George Denegre were on the brief, for plaintiff in error.

Mr. Rush Taggart, with whom Mr. Charles P. Fenner and Mr. George H. Fearons were on the brief, for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a suit brought by the Telegraph Company, originally in a state court, to acquire `the right of use for a telegraph line over the right of way, bridges and property' of the Railroad Company, subject to the Railroad's dominant right, by `judgment expropriation.' By an amendment filed on May 21, 1912, the Telegraph Company alleged that it had accepted the provisions of the Act of Congress of July 24, 1866...

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