Western Union Tel. Co. v. Pennsylvania R. Co.
195 U.S. 594 (1904)

Annotate this Case

U.S. Supreme Court

Western Union Tel. Co. v. Pennsylvania R. Co., 195 U.S. 594 (1904)

Western Union Telegraph Company

v. Pennsylvania Railroad Company

No. 90

Argued October 19-20, 1904

Decided December 12, 1904

195 U.S. 594

Syllabus

Western Union Tel. Co. v. Pennsylvania R. R. Co. et al., ante, p. 195 U. S. 540, followed to effect that the Act of July 24, 1866, 14 Stat. 221, does not confer any right of eminent domain on telegraph companies and that a railroad company's right of way is not a public highway within the meaning of that act.

Eminent domain cannot be delegated, and the lessee of a corporation cannot exercise the power of condemnation conferred by legislature on the lessor.

The facts are stated in the opinion.

Page 195 U. S. 595

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