Page:Federal Reporter, 1st Series, Volume 3.djvu/10

 WB6TEEN UNION TELBGBAPH CO. V. V. P. ET. CO, 3 �Baid additional wire, and that they still prevent the same, and threaten to prevent the same hereafter. It is further alleged that defendants are about, by force and against plain- tiff's will, to eut the wires used on plaintiff's said line of tel- egraph. The prayer of the Bill is as follows: "PlaintifF prays the court to enjoin and restrain the defendants, and each and every of them, by whatever name they or either of them may be known, from interfering with plaintiff's right to add any additional wires necessary for the transaction of its business over said line of telegraph, on said pôles along and on said railroad line ; and plaintiff prays the court to enjoin ail the servants, agents and employes of defendants, and each of them, from in any way preventing plaintiff, its servants, agents or employes, putting up such additional wires as may be necessary for plaintiff's business. Plaintiff prays the court to enjoin and restrain the defendants, each and every one of them, from cutting any wires heretofore used by the plaintiff under said contract, and running the same, or any of them, into the office or offices of defendants, or any of them, and thereby depriving plaintiff, either per- manently or temporarily, of the said wires, or any of them. Plaintiff prays the court to enjoin and restrain temporarily defendants, and each and ail of them, their servants, agents and employes, from cutting said wires, or any of them, and from preventing, or in any way or manner whatsoever ob- structing or hindering, plaintiff, its agents, servants, and em- ployes, from adding such other wire to said pôles as may be necessary, and from running said wires, or any of them, into the office or offices of the defendants, or either of them, dif- ferent from what they now are. And plaintiff prays the court to continue such temporary injunction until the final hearing of this cause, and that at such final hearing such injunctions be made perpetuai. And plaintiff prays for such other and further relief as may, under the facts and circumstances- of the case, be deemed proper and equitable, and for costs." �The defendant the Kansas Pacific Eailway Company de- murs to the bill upon the ground that it does' not state factS sufficient to constitute any cause of action. The contention ����