Hill v. Southwestern Telegraph & Telephone Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Garter, Judge; This is a clear case of discrimination, and the court erred in directing ¡a verdict. 192 Fed. 200; 110 Ark. 484; 102 Id. 551, Penal statutes apply only to intentional and wilful discrimination .and not to errors, mistakes or delays. Appellee was acting in good faith and thought it owned the line. 76 Ark. 124; 101 Id. 600; 100 Id. 546; 107 Id. 611; 58 Id. 490; 110 Id. 484; 192 Fed. 200; 109 Ark. '35; 103 Id. 564.
1Opinion of the CourtMcCulloch, C. J.
'Appellant instituted this action against appellee, the Southwestern Telegraph & Telephone Company, to recover statutory penalties for alleged discrimination in refusing to furnish telephone service during the period named in the complaint. Appellant resided at Sulphur Springs, in Jefferson County, Arkansas, a few miles distant .from the city of Pine Bluff, where there was a telephone system operated by appellee’s predecessor, the Pine Bluff Telephone Company. Appellant alleges that he constructed a private line from Sulphur Springs to the corporate 'limits of Pine Bluff and was permitted to…
2Cases cited4 opinions
- Southwestern Telegraph & Telephone Co. v. DanaherSupreme Court of Arkansas · 1912
- Danaher v. Southwestern Telegraph & Telephone Co.Supreme Court of Arkansas · 1910
- Southwestern Telegraph & Telephone Co. v. MurphySupreme Court of Arkansas · 1911
- Southwestern Telegraph & Telephone Co. v. GarriganSupreme Court of Arkansas · 1913
3Cited by2 opinions
- Southwestern Telegraph & Telephone Co. v. HillSupreme Court of Arkansas · 1919
- Rice Belt Telephone Co. v. MalcombSupreme Court of Arkansas · 1917