Page:Federal Reporter, 1st Series, Volume 3.djvu/438

 W. 0, TELEGRAPH 00. ». ST. 3. & W. EY. CQ. e3f �2. The railroad company agreed to give the telegraph Com- pany the exclusive right of way, on and along the Une of the road, for the construction and use of a telegraph Une for pub- Uo and Commercial business. �3. Provisions were made for transacting the telegraph bus- iness of the railroad company by the telegraph company. �4. The agreement was to continue in force for the term of twenty-five years from the tenth of August, 1871. �5. In pursuance of the contract, and in full reliance upon its legality, and the good faith of the railroad company in making it, the plaintiff bas erected and maintained, at great cost and expense, a Une of telegraph along the Une of the railroad, consisting of two wires, one extending from El- wood, in Kansas, and St. Joseph, Missouri, to Hastings, Nebraska, and the other from the same points to Hanover» in Kansas. �6. The said railroad company constructed its railroad from a point opposite the city of St. Joseph, Missouri, although the charter was for a railroad from Elwood, Kansas, west- wardly to a junction with the Union Pacific Railroad, or any branch thereof, and it was expressly understood and agreed between plaintiff and said railroad company, at the time the contract was entered into, that the plaintiff was to operate, maintain, and establish its telegraph along the Une of the railroad, from St. Joseph, through Elwood, Kansas, and the Une was so erected, and bas been so maintained and operated. �7. Certain mortgages executed by the said St. Joseph & Denver City Eailroad Company were duly foreclosed, and under decree of foreclosure thereof ail the land, property, rights, and franchises of said company were duly sold and conveyed to persons representing the holders and owners of the mortgage debts. In 1875 the purchasers, and those for whose benefit they purchased, took possession of the entire Une from St. Joseph to Hastings. Afterwards the St. Joseph & Western Eailroad Company was organized, and aU the property, rights, and franchises of the old company were sold and conveyed to it. ����