City of Kenosha v. Kenosha Home Telephone Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: E. B. Belden, Circuit Judge. Action to enjoin the defendant from charging telephone rentals for certain telephones furnished the city of Kenosha.
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Appeal from a judgment of the circuit court for Kenosha county: E. B. Belden, Circuit Judge. Action to enjoin the defendant from charging telephone rentals for certain telephones furnished the city of Kenosha. Plaintiff claims the defendant is the successor of the Citizens Telephone & Telegraph Company and, as such, is required to furnish the telephones in question free of charge pursuant to the terms of sec. 8 of an ordinance adopted by the city in March, 1903, and accepted hy the Citizens Telephone & Telegraph Company. The material parts of the ordinance are as follows: “Sec. 1. That…
1Opinion of the Court
ViNje, T.
The first question presented by the appeal is, Was the ordinance of March, 1903, purporting to grant to the Citizens Telephone & Telegraph Company the right to operate a general telephone system in the city of Kenosha, valid as a franchise ? This court has repeatedly answered the question in the negative. The only franchise needed by a telephone company to enable it to conduct its business anywhere within the state is the franchise conferred upon it by virtue of sec. 1118, Stats., when it is incorporated pursuant thereto. Wis. T. Co. v. Oshkosh, 62 Wis. 32, 21 N. W. 828; Marshfield…
2Cases cited12 opinions
- City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
- Wisconsin Telephone Co. v. City of OshkoshWisconsin Supreme Court · 1884
- Calumet Service Co. v. City of ChiltonWisconsin Supreme Court · 1912
- State ex rel. Wisconsin Telephone Co. v. City of SheboyganWisconsin Supreme Court · 1901
- City of Superior v. Douglas County Telephone Co.Wisconsin Supreme Court · 1910
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Woodburn v. Public Service CommissionOregon Supreme Court · 1916
- Raymond Lumber Co. v. Raymond Light & Water Co.Washington Supreme Court · 1916
- City of Billings v. Public Service CommissionMontana Supreme Court · 1923
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1914
- Marquis v. Polk County Telephone Co.Nebraska Supreme Court · 1916
9 more not listed; retrieve them via the Exa API.