Western Union Tel. Co. v. Pennsylvania R. Co., 195 U.S. 594 (1904)
U.S. Supreme CourtWestern Union Tel. Co. v. Pennsylvania R. Co., 195 U.S. 594 (1904)
Western Union Telegraph Company
v. Pennsylvania Railroad Company
Argued October 19-20, 1904
Decided December 12, 1904
195 U.S. 594
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.