Supreme Court of the United States, 1888

Western Union Telegraph Company v. Pennsylvania

Supreme Court of the United States · Decided October 22, 1888 · Fuller

128 U.S. 39 (United States Reports)

Counsel

Mr. M. E. Olmsted for plaintiff in error., Mr. W. S. Kirkpatrick, Attorney General of Pennsylvania,' for defendant in error. Mr. John F. Samderson, .Deputy. Attorney General, was also on the brief.

Cases that cite this one

1 later published case cites this decision.

Western Union Telegraph Co. v. Pennsylvania (Supreme Court of the United States 1888)

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Opinion

Mr. Chief Justice Fuller

delivered the opinion of the court.

Judgment was rendered against plaintiff in error for taxes on telegraphic messages sent from point to point within the State of Pennsylvania; on messages sent from points within the State to points in other States; on messages sent from points in other States to points within the State; and on messages sent'to and from points in other States, which passed, over lines partly within- the State; and the record discloses the several amounts of taxes upon the several classes of messages, which, with. commissions and interest, make up the total recovery. It is clear, and this is conceded by the defend *40 ant in error, that, under the decisions of this court in Telegraph Co. v. Texas, 105 U. S. 460, and Ratterman v. Western Union Telegraph Co., 127 U. S. 411, the Commonwealth was not entitled to recover for the taxes in question, excepting in respect to the messages transmitted wholly within the State.

The judgment will therefore be reversed and the cause remanded for such further proceedings as justice may require.

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