Southwestern Telegraph & Telephone Co. v. Fendley
Supreme Court of Arkansas
Appeal from Searcy Circuit Court; Jno I. Worthington, Judge; STATEMENT by the court. This appeal is from a judgment in favor of appellee for the penalty under the law, requiring telephone companies to supply applicants for telephone connection and facilities without discrimination or partiality. It .appears that E. Gr.
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Appeal from Searcy Circuit Court; Jno I. Worthington, Judge; STATEMENT by the court. This appeal is from a judgment in favor of appellee for the penalty under the law, requiring telephone companies to supply applicants for telephone connection and facilities without discrimination or partiality. It .appears that E. Gr. Fendley, appellee, a physician, was a subscriber for telephone service in his residence at Leslie and had paid his rent in advance for the last quarter to the first of January, 1914. On November 20th, a fire occurred in the town which burned in two the cables carrying fifty…
1Opinion of the Court
Kirby, J.,
(after stating the facts). In Southwestern Telegraph & Telephone Company v. Murphy, 100 Ark. 546, the court in construing the statute prescribing the penalty, section 7948, Kirby’s Digest, said:
“The manifest purpose of the statute is to inflict a penalty on a telephone company, not for negligence or inattention in failing to repair its instrumentalities for supplying service, but for wilful refusal to furnish telephone connections and facilities without discrimination or partiality to all applicants who comply or offer to comply with the rules. The statute forbids discrimination,…
2Cases cited1 opinion
- Southwestern Telegraph & Telephone Co. v. MurphySupreme Court of Arkansas · 1911