Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-03-25
CAN'T CONDEMN The RIGHT OF WAY.
Decision of the supreme Court in the Pos
tai Case Yesterday.

One Of the ablest and most important
opinions of the Supreme Court OF Appeals
this year WIS that rendered yesterday IN
the case of the Postal Telegraph CaDle
Company against the Norfolk aud western
Railroad Company. The paper was pre-
pared and read by Judge Lacy, ana con;
CURED in 10y Judges Richardson anu
Fauntleroy. 1t is very lengthy and gives III
detail every phase of the case.
The case was an appeal from the Circuit
Court of Prince George county. The teie-
graph company claimed the power TO con-
denim p right of way under sections 1881.
's3. and $50 OF the Code of Virginia for the
purpose Of constructing, maintaining, ana
operating telegraph line. upon the strip
of land constituting the right OF way, or
roadway, of the Norfolk and Western
Railroad Company, which was resisted by
the railroad company for many reasons as
signed in the record. One was that the
language OF the statute, as it contended,
did not contemplate the condemnation
upon the night OF way, but outside or III
and along and parallel to 1t.
SEEKING TO CONDEMN An UNBEoKRS RIGHT OF
WAY.
Another ground of opposition was that
the telegraph company was seeking Uy
separate proceedings IN the county courts OF
Prince George, Southampton, SUSSEX, Isle OF
wight, Ntfl- euOQl, anu NbElNlh " NDhictih
continuous and unOroken right OF way from Nor
folk 10 Petersburg for telegraph purposes. ana
the railroad company contended that a rellrOau
is an entirety and cannot be segregated ana
condemned by fragmentarY proceedings, and II
the statute under which the telegraph company
undertook 10 condemn intended 70 confer TINS
right 1t IL repugnant to the Constitution, ana
therefore null and void.
The third reason was TINT the proposed con-
domination fortelegraph purposes would obstruct
the ordinary use OF the railroad.
THE LANGUAGE OF TIE STATUTE.
The Court in its opinion declared that the sta
tute did not contemplate the condemnation OF a
right Of way for telegraph purposes upon the
roadway OF the railroad company; that on the
contrary 10 contemplated buch condemnation
outside Of and alongside the strip Of land OF 100
feet In width owned boy the railroad company.
The opinion cites that the language Of the
statute Is that the telegraph company may con-
struct its line along any OF the state or county
roads: along or over the streets OF town or city,
and along aud parallel to the railroads OF the
State. JuCge Lacy fully sets forth the meaning
OF the statute whore he says: " III such had been
legislative intent thst telegraph lines might DE
constructed along the State aud country roads
and railroads) such would have been the iegsla-
tive enactment
"ALosG OR PLBAILEL TO-"
The law as 10 the railroad does not use the
word along" either as TO the right or way or a-
10 the track. IL is used as 10 the county road,
but there is no such provision as to the railroad
go, not along the railroad, but along and
Continuing. the opinion says: "Involyed in
the construction Is the question whether the
Legislature has granted TO the Telegraph me
the right 10 take the land OF the railroad, az Il
contends, or to construct under the right OF
eminent domain line or night OF way along III
the direction Of, but not upon, which line shall
10 equi-dstant from the nfst nue. lhtOushVut
their whole extent"
In concluding the paper says: "Ihe tele-
graph company IL not authorized 10 cOhuemh
the railroad land or right OF way In any court,
and the Judgment OF the circuit aonrt appears
TO be plainly right and must be affirmed"
The counsel IN the case were: FOR the Postal
Telegraph Gable Company--Judge T. Z. Burks,
Edgar Allan, and j. samuel Parrish; Tor the
Norfolk ana Western Railroad Company-hh.or
Robert stiles, George :. Bernard, and Judge a.
L. Holiday.
Other Opinions of the Court.
The other decisions rendered by the Court
yesterday were in the following cases:
Prices administrator against Davis. From
the Circuit Court OF Greene county. Affirmed,
Judge Lewis delivering the opinion.
Postal Telegraph Gable Company against Nor
folk and Western Railroad Company. From the
Chancery Court OF the city OF Richmond. Re
yerset, Judge Lacy delivering opinion.
Norfolk and Western Railroad Company
against Postal Telegraph Cable company. Two
eases. From the Chaucery Court OF the city OF
Richmond. Affirmed, Judge Lacy delivering
opinion. -
Norfolk and Western Railroad Company
against LindamoOd's administrator. From tue
Circuit, Court of Giles county. Reversed, Judge
FauntlerOy delivering opinion.
Farr against Baldwin. From the Circuit Court
OF Fairfax county. Reversed, Judge Faunileroy
delivering opinion.
Richardson against Farrsr, Judge, and Powell
against Atlantic and Danyille Railroad Com
pany. Rehearings denied.
phiuips against Commonwealth. Writ OF
error and supersedeas awarded 70 Judgment OF
CORPORATION Court Of Alexandria Of 9th Janu-
airy, 1892.
Judgment rendered by Circuit Court OF TaZewen
on 22d January, 1892.
Norths Administrative against Richmond and
Danyille Railroad Company. Writ Of error re-
fused 20 judgment rendered by the Circuit Court
of Nelson county on the LIST OF April 1891.
Nelson 8 Administrator against Chesapeake and
Ohio Railroad Company. Argued by Judge A.
h. Leake for plaintiff In error and Henry Tay-
lor, Esq, for defendant in error.