Oliver Wendell Holmes, Jr.

Summary

Oliver Wendell Holmes, Jr. Western Union Telegraph Company v…

The suit was brought upon this statute and a judgment rendered for the State in its courts was held to have given effect to the statutory attempts to enlarge the obligations of the Railway Company under a grant from the State. The difference between that case and this is plain. A mere authority to test disputed rights by a suit does not impair the obligation of a contract upon which a defendant relies. When a claim is set up under a contract the Constitution does not forbid litigation to decide whether one was made or what it means.
Source: Wikisource

Oliver Wendell Holmes, Jr. Western Union Telegraph Company v…

This is a suit by the State of Georgia and the Nashville, Chattanooga & St. Louis Railway for a decree enjoining the Western Union Telegraph Company from occupying or using any part of the right of way of the Western & Atlantic Railroad, a road built and owned by the State and let by it to the Railway Company that joins with it as a plaintiff in this suit. The Telegraph Company claims a perpetual right of way over the State owned road by virtue of three alleged contracts.
Source: Wikisource

Oliver Wendell Holmes, Jr. Western Union Telegraph Company v…

The case is brought here by writ of error on the ground that the statutes warranting these proceedings impaired the obligation of the alleged contracts. There is also a petition for a writ of certiorari filed out of caution, but the only federal question is that raised by the writ of error and therefore the petition for a writ of certiorari is denied.
Source: Wikisource

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