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There was certainly evidence tending to support all the material averments of the complaint, and consequently the general affirmative charge for the defendant could not have been given as to any one of the counts. Answer & Explanation. Western Union had previously asked for permission to discontinue its suit against Morny for similar reasons, and an order dismissing that suit had been signed on May 13, 1937. The bill in this case was brought against the prosecuting attorneys of the seventeenth judicial circuits of the state of Arkansas to enjoin them from instituting actions against the Western Union Telegraph Company to recover the penalties of $1, 000 for each alleged violation of the act. The material facts are that the telegraph companies are furnishing to brokers and others in Boston continuous ticker quotations of transactions upon the New York Stock Exchange, which they are enabled to do by means of contracts between the telegraph companies and the New York Stock Exchange. As the Court explains, such an argument is largely irrelevant to the tort of assault. The stock exchange is a voluntary association with its place of business in New York. Cases like Texas & New Orleans Railroad v. Sabine Tram Co. 227 U. Defendant states that he did not try to touch the Plaintiff, nor could he have possibly done so because of the width and the height of the counter in between them. There is no assault on P, since D has the legal right to force P to leave. The question has also been reviewed by annotators in the Lawyers Reports Annotated. 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.

Western Union Telegraph Co. V. Hill Climb

On the same day, Morny arranged with his half-brother, Witherspoon, "to develop" a competing projector. Reference was also made in the bill to two ordinances passed September 10, 1895, by one of which it was provided, among other things: '( 1) That all poles now erected in the streets or alleys of the city of Richmond for the support of wires used in connection with the transmission of electricity, except such as support wires required by the city ordinances to be removed and run in conduits, shall hereafter be allowed to remain only upon the terms and conditions hereinafter set forth. All the Justices concur. We now adjudge only that the act of 1866, and the sections of the Revised Statutes in which the provisions of that act have been preserved, have no applica- [174 U. What rights the appellee had or has under the laws of Virginia and the ordinances of the city of Richmond is a question which the circuit court did not decide, but expressly waived. Box 100, Orange Texas. He testified further that on December 23, 1934, Decker came to his office, and, after advising him that he had been elected a director of Movie Ticker, expressed his regret that Morny "was not to be connected with the new company". Telephone companies therefore are not within the 'category of the grantees of the privileges conferred by the statute. ' Or by Chief Justice Tyson, in Westmorelands Case, 151 Ala. 319, 44 South. He refers in support of his contention to a suit which he brought in the State Court in 1936 against Movie Ticker and News Projection for $13, 000 for back salary under the agreement of May 24, 1928. August 8, 1940. v. WESTERN UNION TELEGRAPH CO. et al. Call Publishing Co. 181 U.

Western Union V Hill

31) which was very similar, in many respects, to the act of 1907, now under examination. T. Griffin & Co. 8 Ohio Decisions Reprint, 572, Cain v. 10 Ohio Decisions Reprint, 72. One significant feature of this arrangement is that it is made with a common carrier of intelligence, whose facilities for practically instantaneous transmission of the stock quotations throughout the country are of the best. He prayed for judgment for said sum and for the 65 cents, being the price paid by his agents to the defendant for the transmission of the telegram. I can find nothing in this record to show that Movie Ticker and News Projection were seeking to avoid an adjudication; it suggests rather that Morny himself was trying in every way possible to delay the cases because of the insecurity of his position. In order to prevent the contemplated or threatened injury to the company, the court below properly made a decree perpetually enjoining the appellant, as secretary of state, his agents and attorneys, from making proclamation that the telegraph company has no authority to continue doing business in Arkansas. When Presson, patent attorney of Western Union, returned from his inspection of the Morny machine in Chicago, he conferred with Reynolds, the head of the legal department of the Western Union dealing with patents, and both men were in agreement that the machine infringed the Dirkes patent. Holding/Rule: The actual ability of the D to cause harmful or offensive touching is not a requirement for actionable assault. The most important of these was the Proctor patent, No. 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. Chesapeake & Potomac Telephone Co. Baltimore & Ohio Telegraph Co. 66 Md. This same letter, with a similar memorandum in Morny's handwriting attached, was apparently also sent to Alston, district manager at Detroit.

Western Union Telegraph Co. V. Hill Hotel

L. Norwood, William F. Kirby, Joseph M. Hill, and Otis T. Wingo for appellant. See Heaton-Peninsular Button-Fastener Co. Eureka Specialty Co. 25 C. 267, 272; Bement v. National Harrow Co. 186 U. Mr. Justice HARLAN, delivered the opinion of the court. The company tendered to the secretary of state a duly authenticated copy of a resolution of the board of directors, assenting to the designation of an agent upon whom process against the company might be served; also, the above required statement; 'and offered to the secretary of state [who claimed to proceed under the above act of 1907] all reasonable fees for the filing and recording of the said papers. '

What we have said as to the right to recover damages for mental suffering disposes of the charge which sought to limit the recovery to other damages than for mental suffering. Page 368. subscriber shall have signed in duplicate an application therefor addressed to the Telegraph Company, and the subscriber shall have been approved by the Exchange, " the intent of which is declared to be "only to prevent the unlawful or improper use of such quotations. " The court ruled that the evidence created a jury question whether a reasonable person in Hill's position would have a well-founded apprehension of a battery. The learned district judge sustained the demurrer to the bill, and dismissed the case upon the ground that the action is, in effect, a suit against the state of Arkansas, and for that reason prohibited by the 11th Amendment to the Federal Constitution. So far as we know, this question has not been before passed upon by this court with regard to telegraph cases, though there are a number of cases which may be analogous. CITY OF RICHMOND v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO. (1899). This petition was opposed by Morny, and was denied without prejudice to the commencement of separate suits. That he then took the message over the wire, wrote it out, and hung it on the file where the telegrams always hung and where the delivery clerk got them. The transmission of a message through two states is interstate commerce as a matter of fact. Co. United Electric Ry. These disputes were first submitted to arbitrators for determination, and were the subject of long drawn out hearings, at which a large amount of testimony was taken.

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