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Western Telegraph Company, Appellants, v. The Magnetic Telegraph Company and Arumah S. Abell, and Zenus Barnum, The U.S. 456 (1859)

handle is hein.slavery/ussccases0187 and id is 1 raw text is: 456 SUPREME COURT. Westrn Tdegra.ph Company v. Magnetic Tdegraap Company. structions from the captain to go for the brig, and to get there before the Hector if he could. We are of opinion,*therefore, that the evidence clearly shows that this collision was occasioned wholly through the fault of ,the master and pilot of the Mabey. The decree of the Circuit Court is therefore reversed, with costs, and the record remitted with instructions to enter a de- cree in favor of libellant, and have such further proceedings as to justice and right may appertain. THE WESTtRN TELEGRAPII COMPANY, APPELLANTS, V. THE MAG- NETIC TELEGRAPH COMPANY AND ARUmAH S. ABELL AND ZE- Nws BARNum. Where there was a telegraph company from Baltimore to Wheeling,.with branches to Washington and Pittsburg, and another company from Pittsburg to Phila- delphia, and from Harrisburg to Baltimore; and the former c6mpany com- plained that the latter received messages at Philadelphia, sent from Pittsburg ind. Wheeling, directed to Baltimore and Washington; and there was no di. rect infringement of the patent right, nor any violation of a contract1 the case is without a legal remedy. Every person is at liberty'to use a circuitous route, if he prefers it to a shorter route. THIs was an appeal from the Circuit Court of the United States for the district of Maryland. The case is stated in the opinion of the court. It was argued by Mr. Cornelius McLean for the appellants, no counsel appearing for the appellee. Mr. cM.Leai's points for the complainants and appellants were the following: 1st. That they are, under their' assignment, entitled to all the business between Wheeling and Pittsburg, and Washing- ton and Baltimore. The defendnts could not have set up a parallel line of tele- graph between those points, and the question is simply whether

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