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  5. 91 U.S. 283 (1876)
 

W.U. TEL. CO. v. W. & ATL. R.R. CO.

Not in source.

91 U.S. 283 (1876)

23 L.Ed. 350

WESTERN UNION TELEGRAPH COMPANY, v. WESTERN AND ATLANTIC RAILROAD COMPANY.

Supreme Court of United States.

January 24, 1876.

Attorney(s) appearing for the Case

Mr. J. Hubley Ashton for the appellant.

Mr. Benjamin H. Hill for the appellee.

MR. JUSTICE MILLER, after stating the case as above, delivered the opinion of the court.

We differ with the District Court as to the construction of the instrument. We do not think that the State simply bought a wire and batteries and other instruments, and became absolute owners of them: on the contrary, we think that the contract was for the use of a wire and instruments of the telegraph company.

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