49 La. Ann. 58 | La. | 1897
The opinion of the court was delivered by
The plaintiff corporation, organized under the laws of Louisiana, instituted this suit to obtain the condemnation of the property of the defendant corporation, necessary for the operation of its line of telegraph over the right of way of the defendant corporation.
There was an exception of no cause of action filed.
The ground of the exception is that Act 124 of 1880 does not authorize the construction of a telegraph line over the right of way
So far as the location of the telegraph line over defendant’s right of way is at issue, the act of Congress of July, 14, 1866, provides “ that any telegraph company now organized, or. which may be hereafter organized under the laws of any State of the Union, shall have the right to construct, maintain and operate lines of telegraph over and along any of the military or post roads of the United States, which have been or may hereafter be declared such by act of Congress, provided said lines shall not be so constructed as to interfere with travel on such roads, and provided also: “that before any telegraph company shall exercise any of the powers or privileges conferred by this act such company shall file its written appearance with the Postmaster General of the restrictions and obligations required by this act.” Congress in 1872 declared all the railroads in the country which are now or may hereafter be in operation, post roads. The plaintiff corporation has filed its appearance and acceptance of the provisions of the act of 1866. The defendant contends that as the plaintiff is proceeding under act of 1880, he must be confined to its provisions. But the act of Congress is paramount, so far as location or the right of way is concerned, and the act of 1880 is auxiliary to it, and provides for the method of condemnation and compensation. The act of Congress of 1866 authorizes no compulsory process. Pensacola Telegraph Co. vs. Western Union. Telegraph Company, 96 U. S. 1. Hence the necessity of resorting to State process for condemnation and compensation.
We do not care to disturb the verdict of juries in case like the instant one without manifest injustice is done in either underestimating or the giving of excessive awards.
Telegraph Cable Co. vs. Railway Co., 43 An. 522.
We are of the opinion that the jury returned a verdict substantially correct.
Judgment affirmed.