Merchants Police & Dist. Telegraph Co. v. Citizens Telephone Co.
Court of Appeals of Kentucky
Case 11. — ACTION BY THE CITIZENS TELEPHONE CO. AGAINST THE MERCHANTS POLICE AND DISTRICT TELEGRAPH CO. TO ENJOIN THE LATTER FROM OPERATING. — Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Judge. Judgment for plaintiff. Defendant appeals.
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Case 11. — ACTION BY THE CITIZENS TELEPHONE CO. AGAINST THE MERCHANTS POLICE AND DISTRICT TELEGRAPH CO. TO ENJOIN THE LATTER FROM OPERATING. — Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. Appellee did not state a cause of action, and demurrer should have been sustained to the petition. 2. Appellant’s right to the use of the streets of the city, is a right not for a term of years, but determinable at the pleasure of the power granting it, the General Council of the city of Covington, therefore not in…
1Opinion of the Court
Opinion by
Judge Nunn.
Affirming.
Appellee is the owner of a franchise to operate a telephone plant in the city of Covington. It is admitted to be a legal one, obtained in the way directed by section 164 of the Constitution. The record shows that the appellant has no right whatever to construct or operate a telephone plant in the streets of the city of Covington, except that it claims a permissive right granted by the city council for an indefinite length of time. It does not claim its right to operate a telephone in that city by reason of the purchase of a franchise, as provided by the section…
2Cases cited2 opinions
- East Tennessee Telephone Co. v. Anderson County Telephone Co.Court of Appeals of Kentucky · 1903
- Rough River Telephone Co. v. Cumberland Telephone & Telegraph Co.Court of Appeals of Kentucky · 1905
3Cited by13 opinions
- Louisville Home Telephone Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1908
- People's Transit Co. v. Louisville Railway Co.Court of Appeals of Kentucky (pre-1976) · 1927
- Cumberland Telephone & Telegraph Co. v. City of CalhounCourt of Appeals of Kentucky · 1912
- Hilliard v. George G. Fetter L. & H. Co.Court of Appeals of Kentucky · 1907
- Blanshard v. City of New YorkNew York Supreme Court · 1931
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