Alabama & Vicksburg Railway Co. v. Cumberland Telephone & Telegraph Co.
Mississippi Supreme Court
From the chancery court of Lauderdale county. ILon. James L. McCasktll, Chancellor. The railway company, the appellant, was complainant in the court below; the Cumberland Telephone & Telegraph Company, a foreign corporation, was the only original defendant there, but the Mississippi Telegraph Company, a domestic corporation, w^as made defendant by a supplemental bill. From a decree dissolving an injunction as to both defendants the complainants appealed to the supreme court.
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From the chancery court of Lauderdale county. ILon. James L. McCasktll, Chancellor. The railway company, the appellant, was complainant in the court below; the Cumberland Telephone & Telegraph Company, a foreign corporation, was the only original defendant there, but the Mississippi Telegraph Company, a domestic corporation, w^as made defendant by a supplemental bill. From a decree dissolving an injunction as to both defendants the complainants appealed to the supreme court. The Cumberland Telephone & Telegraph Company, a Kentucky corporation, instituted, eminent domain proceedings in TIinds…
1Opinion of the CourtWhitfield, C. J.
Whatever may be the true rule of interpretation as to whether the phrase “telegraph company” necessarily embraces “telephone company,” as held in many authorities cited by the learned counsel for appellee, it is quite clear, in our state, that telegraph companies and telephone companies are treated, and. have always been treated, as separate and distinct companies. Chapter 38, p. 93, of the acts of 1886, was manifestly repealed by the provisions of Code 1892, § § 854-858, inclusive, and see. 4291. There is nothing in the constitutional provisions referred to which conferred upon telephone…
2Cited by6 opinions
- Southern Bell Telephone & Telegraph Co. v. City of MeridianMississippi Supreme Court · 1961
- Ball v. American Telephone & Telegraph Co.Mississippi Supreme Court · 1956
- Vinegar Bend Lumber Co. v. Oak Grove & Georgetown RailroadMississippi Supreme Court · 1906
- Dismal Swamp Railroad v. John L. Roper Lumber Co.Supreme Court of Virginia · 1913
- Marlow, L.L.C. v. Bellsouth Telecommunications, Inc.Court of Appeals for the Fifth Circuit · 2012
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