The Birmingham age-herald., 1913-04-25
Y WESTERN UNION IS
WINNER IN SUIT
AGAINST |. & N.
Can Condemn Right of Way
for Poles Along the Rail-
roads Tracks
WILL PROBABLY END
MANY OTHER SUITS
Railroads Had Based Defense on an,
Old Alabama Law and Won in
Lower C0urts-Supreme
Court Decisions

Montgomery, April 4-(Special)- The
Western Union Telegraph company has
authority to condemn right of way of the
Louisville and Nashville and South and
North Alabama railroads for the placing
of poles and wires. If such condemnation
does not materially interfere with the
operation OF the railroads.
This decision of the supreme court
handed down yesterday In cases from
the Birmingham city court and Dallas
circuit court practically ended a fight
started more than year or go to deter
mine whether or not the telegraph COM
rany could be forced to remove its poles
and wires from the entire system owned
and controlled by the Louisville and
Nashville railroad.
The telegraph companys victory will
probably end number of other suits en-
tered in Alabama counties for legal
definition of the agreement and laws
bearing on the dispute. The principal
opinion was written by Associate JUS
tice de Graffenreid in the cases of the
Western Unicn Telegraph company VS.
the Louisville and Nashville and South
and North Alabama railroads, appealed
from the Birmingham city court. An
other case came from the Dallas county
circuit court.
The railroads based their defense on an
old Alabama law and won in the lower
courts. The supreme court pronounced
the old law imperative and sent the cases
back to the county courts for assessment
of damages caused by the condemnation.
Until one year ago the telegraph COM
pany had a contract to use the railroad
companies rights of way, but the agree
ment which had run for 40 years expired
and satisfactory terms for a renewal
could not be made. The Western Union
company was ordered to move its poles
and wires and it appealed to the court
through condemnation proceedings.
The Western Union company obtained
an Injunction from the federal court
which prevented the Louisville and Nash
vile and other railroads from interfer-
ing with the operation of its business un-
til the cases were decided
1t was announced Thursday that an
agreement between the companies will be
arranged Immediately and that the fight
will not be carried further.
Yesterdays Decisions
The list of decisions handed down by
the supreme court today is as fol-
lows:
Anderson, J--J. B. Billups VS.. Mary
L. Gilbert, appeal from Russell cir
emit court; affirmed.
Coosa Pipe Foundry company VS.. A
S. PoindeXter, appeal from Gadsden
city court; affirmed.
w. w. Metcalf, intervening petitioner
vs.. First state bank of Bridgeport
j. w. Gay, receiver, appeal from Jack
son chancery court; affirmed.
Mcclellan, J.--Henry Combs VS.
Windy Greene ct al, appeal from Lee law
and equity count affirmed.
j. j.. Pippen ct al VS.. Allen Harris
ct al, appeal from jefferson chancery
court; affirmed.
Warrior Pratt Coal company VS.. Pc
ter Shereda, appeal from Jefferson cir
cult court; reversed and remanded.
Sayre, Mart Ledbetter. as admin.
istrator, VS.. st. Louis and San Fran
cisco Railway company, appeal from
Walker circuit court: affirmed.
Clarke Hale VS.. William Chandler
appeal from Gadsden city COURT af-
firmed.
Louisville & Nashville Railroad COM
pany VS.. Mamie Cornelius, appeal from
jefferson circuit court; affirmed.
Twin Tree Lumber company VS. J. r.
Day, appeal from Chiffon circuit court
reversed and remanded.
Hill Cranberry. alias Hill Grandber-
ry. VS.. the state of Alabama, appeal
from Lee law and equity court, re-
versed and remanded.
Somerville. J.-G. w. Phalin VS.. L. H.
Dearman, appeal from Tuscaloosa coun-
ty court: affirmed
George w. Abney ct al VS.. Mary A.
Abney, appeal from Marshall chancery
court affirmed in part. reversed in
part and remanded.
De Graffenried, J.-Western Union
Telegraph company VS.. Louisville and
Nashville Railroad company, appeal
from Dallas circuit court; reversed and
| remanded.
]. III. McCary VS.. Alabama Great
| Southern Railroad company, appeal
| from Birmingham city court; affirmed.
Western Union Telegraph company
VS.. Louisville and Nashville Railroad
company, appeal from Birmingham city
court; reversed and remanded
| Western Union Telegraph company
VS.. South and North Alabama Railroad
company, appeal from Birmingham city
court: reversed and remanded.
Sloss- Sheffield Steel and Iron COM
pany VS.. G. b. Mitchell, appeal from
jefferson circuit court; reversed and
iremanded
birmingham Railway, Light and