Cumb. Tel'p & Tel'g Co. v. City of Hickman
Court of Appeals of Kentucky
CASE 24. — ACTIONS. BY THE CITY OF HICKMAN, AND BY DR. S. K. DAVIDSON AND OTHERS AGAINST THE CUMBERLAND TELEPHONE AND TELEGRAPH CO., TO FORFEIT ITS FRANCHISE — June 10. Appeal from Fulton Circuit Court. R. J. Bugg, Circuit Judge.- POINTS AND AUTHORITIES. 1. An ordinance creating a franchise by a city of the sixth class, passed on the night of its introduction is void. (Maraman v. Ohio V-alley Telp. Co., 25 , Ky. Law Rep., 784; East Tenn. Telp. Co. v. Anderson Co. Telp.
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CASE 24. — ACTIONS. BY THE CITY OF HICKMAN, AND BY DR. S. K. DAVIDSON AND OTHERS AGAINST THE CUMBERLAND TELEPHONE AND TELEGRAPH CO., TO FORFEIT ITS FRANCHISE — June 10. Appeal from Fulton Circuit Court. R. J. Bugg, Circuit Judge.- POINTS AND AUTHORITIES. 1. An ordinance creating a franchise by a city of the sixth class, passed on the night of its introduction is void. (Maraman v. Ohio V-alley Telp. Co., 25 , Ky. Law Rep., 784; East Tenn. Telp. Co. v. Anderson Co. Telp. Co., 22 Ky. Law Rep., 418. 2. A franchise ordinance passed at a called meeting of the city council is inhibited by law.…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Eear—
Eeversing.
Hickman, a city of the fifth class in this Commonwealth, was asked hy promoters of the scheme to be permitted to install a public telephone exchange within the corporation. In order to comply with the requirements of the law, the town council was duly called in extra session on August 16, 1894, when the proposition was regularly presented to the city. The council determined to grant the franchise. It directed the city clerk to advertise for the public sale of the franchise on September 3, 1894, which was the date *224of the next regular…
2Cited by27 opinions
- City of Princeton v. Princeton Electric Light & Power Co.Court of Appeals of Kentucky · 1915
- Gathright v. H. M. Byllesby & Co.Court of Appeals of Kentucky · 1913
- Louisville Home Telephone Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1908
- City of Saginaw v. Consumers' Power Co.Michigan Supreme Court · 1921
- Batman v. Louisville Gas & Electric Co.Court of Appeals of Kentucky · 1920
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