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WESTERN UNION v. GEORGIA

No. 24.

269 U.S. 67 (1925)

46 S.Ct. 36

70 L.Ed. 166

WESTERN UNION TELEGRAPH COMPANY v. STATE OF GEORGIA, AS OWNER OF WESTERN & ATLANTIC R.R., ET AL.

Supreme Court of United States.

Decided November 16, 1925.

Attorney(s) appearing for the Case

Messrs. John G. Milburn and Francis Raymond Stark, with whom Messrs. Arthur Heyman and William L. Clay were on the briefs, for plaintiff in error.

Mr. Henry C. Peeples, with whom Messrs. Fitzgerald Hall and Hooper Alexander were on the briefs, for defendants in error.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This is a suit by the State of Georgia and the Nashville, Chattanooga and St. Louis Railway for a decree enjoining the Western Union Telegraph Company from occupying or using any part of the right of way of the Western and Atlantic Railroad, a road built and owned by the State and let by it to the Railway company that joins with it as a plaintiff in this suit. The Telegraph...

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