ESSEX v. NEW ENGLAND TEL. CO.

No. 56.

239 U.S. 313 (1916)

TOWN OF ESSEX v. NEW ENGLAND TELEGRAPH COMPANY OF MASSACHUSETTS.

Supreme Court of United States.

Decided December 6, 1916.


Attorney(s) appearing for the Case

Mr. William G. Thompson, Mr. George E. Mears and Mr. Romney Spring for appellant, submitted.

Mr. G. Philip Wardner for appellee.


MR. JUSTICE McREYNOLDS delivered the opinion of the court.

Appellant was enjoined by the decree below from interfering with the operation of lines owned by the appellee company. The controversy arose under the act of Congress approved July 24, 1866 (14 Stat. 221, c. 230, Rev. Stat., § 5263, et seq.), which declares that companies accepting its provisions "shall have the right to construct, maintain, and operate...

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