Bounds Crossword Clue – Western Union Telegraph Company V. J. B. Hill, 150 So. 711, 227 Ala. 469 – .Com

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If congress desires to extend the provisions of the act of 1866 to companies engaged in the business of electrically transmitting articulate speech, -that is, to companies popularly known as 'telephone companies, ' and never otherwise designated in common speech, -let it do so in plain words. In the meantime, the second Morny machine, which was substantially identical with the Chicago machine, had been installed in the Fenner & Beane office, in New York; it was inspected there on July 25, 1935, by Reynolds and Presson, acting for Western Union, and by some representatives of Movie Ticker. A. Lord & R. Taggart (of New York), for the Western Union Telegraph Company and the United Telegram Company. 123, 52 L. 714, 13 L. A. The result is that the quotations are reported on the ticker as the sales are made and within a brief time thereafter. Hanley v. Kansas City Southern R. Co., See Western Union Telegraph Co. Speight, supra. Nor do we think there was any error in that part of the oral charge excepted to by the defendant to the effect that, notwithstanding the defendant company may have adopted office hours, if it undertook to transmit and deliver a telegram, the jury had a right to look to that circumstance, the nature of the telegram, and everything else in the case, in saying whether or not the defendant was negligent in failing to deliver the telegram sooner than it did deliver it.

Western Union Telegraph Co. V. Hill Climb

214, and Gregory v. Stetson, 133 U. This contention must be held untenable on the authority of Western U. Co. Andrews, this day decided. The cases must proceed upon the footing that these findings of fact are true. Minnesota Rate Cases, 230 U. No state will enforce contracts or redress grievances entered into or suffered in another state, if the enforcement involve a breach of legal or moral right as maintained in the law of the forum. Morny v. Western Union Telegraph Co., 40 F. Supp. 612; St. Louis, Iron Mountain & Southern Railway v. Arkansas, 240 U. Attorney General v. Edison Tel.

Western Union Telegraph Building

It referred also to a subsequent ordinance of December 14, 1894, repealing the ordinance of June 26, 1884, granting the right of way through the city to the plaintiff, and providing 'that, in accordance with the fifth section of said ordinance, all privileges and rights granted by said ordinance shall cease and be determined at the expiration [174 U. They were not, however, reached at that time, and Von Briesen and Drews spent a considerable part of the summer in preparation for the trial, which was expected to take place in the fall. That transaction, so far as touches compensation, is entirely between their patrons and the telegraph companies. In a proceeding under St. 784, § 28, by the public service commissioners to. If the action had been in tort, rather than in contract, then we think it certain that the laws of Alabama would control, and we can see no reason, though there is authority to the contrary, that the laws of Georgia should control. Morny in his testimony sought to create the impression that he was acting as a director entirely under orders from Decker. Western Union Telegraph Co. Bailey, (No. Movie Ticker was organized in Delaware in 1931, but aside from keeping alive its corporate existence it remained practically dormant until after the consummation of the merger on January 1, 1935. During the few days following December 23, 1934, Morny prepared, at the request of Decker, a draft letter to be sent to the salesmen and service representatives, explaining the nature of the merger, the officers and directors, and what the men *196 might look forward to in so far as future employment was concerned. There are numerous decisions, some by courts not of last resort, upon questions more or less similar to the one here presented. Writing for the Court||McMeans|.

Western Union Telegraph Co. V. Hill Hotel

But we are unwilling to rest the construction of an important act of congress upon implication merely, particularly if that construction might tend to narrow the full control always exercised by the local authorities of the states over streets and alleys within their respective jurisdictions. 70, 91; Union Trust & Savings Bank v. Kinhck Long Distance Telephone Co. 258 Ill. 202. This machine was sent to Franklin, Morny's representative in Chicago, just prior to May 30, 1935. There are various other conflicting decisions than those reviewed by the annotators. The user of the ticker is a customer of the telegraph company. Before the bringing of this suit, the company had, in fact, instituted a suit in the United States circuit court to enjoin the prosecuting attorneys in the several districts of the state from proceeding against it to recover the penalties set forth in the act in question, —the suit of Western U. Teleg. 4) No shade trees shall be disturbed, cut or damaged by the said company in the prosecution of the work hereby authorized without the permission of the city engineer and consent of the owners of property in front of which such trees may stand first had and obtained; and all work authorized by this ordinance shall be, in every respect, subject to the city engineer's supervision and control. Although the state-house grounds be property devoted to public uses, it is property devoted to the public uses of the state, and property whose ownership and control are in the state, and it is not within the competency of the national government to dispossess the state of such control and use, or appropriate the same to its own benefit or the benefit of any of its corporations or grantees, without suitable compensation to the state. 439, 447, Charleston & Western Carolina Railway v. Varnville Furniture Co. 237 U. It can hardly be doubted, however, that he acted with full knowledge of the facts and a complete understanding of the reasons for and purpose of the merger. The letters to Franklin and Alston, referred to in the above "strictly confidential" memorandum, are substantially identical in phraseology, both dated January 9, 1935, and both signed by Morny. WESTERN UNION TELEGRAPH COMPANY, Appt., v. P. R. ANDREWS, Clyde Going, R. E. Jeffey, et al.

Western Union Telegraph Key

The case was tried before the court without a jury and resulted in a judgment for $995. Decker replied that in view of what had occurred, he could not recommend Morny for employment by Movie Ticker, and suggested that he go to a ranch in Montana and stay there for a reasonable time, in which event Decker would personally continue his salary. Law School Case Brief. Pensacola Telegraph Co. 96 U. Rush Taggart, George B. N. ) 37, Sterrett v. Philadelphia Local Telegraph Co. 18 Weekly Notes of Cases, 77, and perhaps to. On hearing this motion, upon the affidavit made in connection therewith, the court overruled the motion, and the defendant then and there duly excepted.

Western Union Telegraph Company History

Conclusion: The court determined that the evidence was sufficient to present the issue of whether an actionable assault had occurred to the jury and that the trial court's rulings on that question did not constitute error. The CHIEF JUSTICE, Mr. Justice McKenna, and Mr. Justice Holmes dissent. They savor of those of a proprietor dealing with his own. T. Griffin & Co. 8 Ohio Decisions Reprint, 572, Cain v. 10 Ohio Decisions Reprint, 72. 309, 101 S. 748, 12 A. No messages have been received in New York directed to their patrons, who are subscribers to the ticker service. Forthwith an employee operating a keyboard causes them to be written simultaneously by means of ticker instruments upon a tape of paper in the office of each patron, where they can easily be read. Of course, parties can make contracts with regard to sending and delivery; but we are speaking now of the usual contracts. Illinois Commission Co. Cleveland Telegraph Co. 56 C. C. A.

Western Union Telegraph Co. V. Hill Farm

One of these machines was installed in the office of Libaire & Company in New York in the fall of that year. A telegraph is such a public use as to justify the exercise of the right of eminent domain and to authorize the sovereign to regulate the business by a proper law. In this lesson, define code law and look at the characteristics of civil law. Von Briesen testified that in view of these sworn answers he was in no position to proceed with the case, and in 1937 the suit was dismissed for lack of prosecution. These rules, like any other rules of other companies, are designed for the benefit and protection of the company itself, and may be waived expressly or by implication. But, even if it were conceded that no such confusion would probably arise, it is clear that the courts should not construe an act of congress relating in terms only to 'telegraph' companies as intended to confer upon companies engaged in telephone business any special rights in the streets of cities and towns of the country, unless such intention has been clearly manifested. The decree of the circuit court of appeals, so far as it reverses the decree of the circuit court, is affirmed, and the cause is remanded, with directions for such further proceedings in the circuit court as may be in conformity with the principles of this opinion and consistent with law.

Western Union Telegraph Co. V. Hill House

Decker insisted that this was entirely practicable inasmuch as News Projection was only turning over part of its business to Movie Ticker. There may be a judgment in favor of all of the defendants dismissing the complaint on the merits, with costs. That the chief clerk at Atlanta said to him, Take this rush message. Subscribers can access the reported version of this case. At about 6:30 oclock Sunday morning, on July 15, 1906, the landlady, Mrs. Bell, with whom Mrs. Hill was stopping, telephoned to the defendant companys office at Gainesville asking the agent to take over the telephone for transmission a telegram reading as follows: Gainesville, Ga., 7- 15-1906. The first actual machine produced was the Bunnell model, which was converted so as to make it available for commercial use. The transactions disclosed on this record as having been dealt with by the public service commission, in our opinion did not constitute interstate commerce. In City of St. Louis v. W. U. Tel. The principle of sales in the original package of goods transported in interstate commerce is foreign to these facts.

We likewise see no error in the court allowing plaintiff to prove that he had a telephone in his house, and that there was one in the defendant companys office at Montgomery, and that he had frequently received messages from the defendant company over the telephone. The stock exchange is a voluntary association with its place of business in New York. Access the most important case brief elements for optimal case understanding. The remainder concern principally the infringment suits involving the Morny machines, and the notices sent to the prospective customers advising them that such suits had been commenced. The Dirkes patent, No. In the time in question, Hill contacted Sapp over the phone to repair a clock. Mutual Film Corp. Industrial Commission of Ohio, 236 U. Briesen & Schrenk, of New York City (Hans V. Briesen and Henry C. Quigley, Jr., both of New York City, of counsel), for defendant Gustave Drews. L. Norwood, William F. Kirby, Joseph M. Hill, and Otis T. Wingo for appellant.

At the time these letters were written Morny was engaged in making an examination of the entire rate schedule of Movie Ticker for Decker; he subsequently prepared written memoranda on the subject recommending that certain of the rates be substantially increased. The first contention of the appellant is that this action is one against the state within the meaning of the 11th Amendment of the Constitution, declaring that the judicial power of the United States shall not extend to any suit in law or equity against a state by a citizen of another state. That his wife reached Atlanta about 6 oclock in the afternoon. Central he got a call from the chief clerk at Atlanta. Court of Appeals of Alabama, 1933. Find What You Need, Quickly. However, we hold that in this case there was sufficient evidence to authorize the submission to the jury of the question of waiver of the rules, and to prevent the giving of the general affirmative charge to the jury on this question. It will be seen from the above summary of the evidence that the case breaks up into two separate and distinct parts, one covering the period ending with the consummation of the merger, and the other having to do with the efforts of the defendants after the merger to prevent Morny from producing and installing his projection machines. 317, 330, Southern Railway v. Railroad Commission of Indiana, 236 U. During the course of the proceedings, two awards were made, both of which were opposed in the State courts by News Projection. COXE, District Judge. By the other ordinance of September 10, 1895, it was, among other things, provided: 'The city council will grant permission to any company, corporation, partnership or individual to place its wires and electrical conductors in conduit under the surface of said streets of the city.

This led to discussions between the parties, and, after negotiations over a protracted period, an agreement of settlement was finally reached on April 21, 1931. The remaining assignments are on the facts. These propositions are not now open to question. It is conducting the business of distributing information on its own account through facilities acquired and held by it because it is a common carrier, not for a fixed transportation charge, but for its own profit.

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