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WESTERN UNION TEL. CO. v. L. & N.R.R. CO.

No. 259.

258 U.S. 13 (1922)

42 S.Ct. 258

66 L.Ed. 437

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

Supreme Court of United States.

Decided February 27, 1922.

Attorney(s) appearing for the Case

Mr. Alexander Pope Humphrey and Mr. Rush Taggart, with whom Mr. Francis R. Stark and Mr. W. Overton Harris were on the briefs, for plaintiff in error.

Mr. Helm Bruce, with whom Mr. Edward S. Jouett was on the brief, for defendant in error.

MR. JUSTICE McKENNA delivered the opinion of the court.

Plaintiff in error, herein called the Telegraph Company, brought this proceeding to condemn an easement upon the right of way of defendant in error, herein called the Railroad Company, in exercise of a right conferred by a Kentucky statute of 1898 (Ky. Stats., § 4679c).1

The purpose is to condemn as a right under the sanction...

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