City of Cincinnati v. Queen City Telephone Co.
Court of Common Pleas of Ohio, Hamilton County
The defendant in error, The Queen City Telephone Company, filed a petition in the probate court of this county, alleging that it is a corporation doing business under the laws of the state of Ohio, organized for the purpose of constructing, operating and maintaining lines of telephone and telegraph in the city of Cincinnati; that on or about the 12th day of October, 1903, it made application to the city council to prescribe a manner of use for it of the streets of the city…
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The defendant in error, The Queen City Telephone Company, filed a petition in the probate court of this county, alleging that it is a corporation doing business under the laws of the state of Ohio, organized for the purpose of constructing, operating and maintaining lines of telephone and telegraph in the city of Cincinnati; that on or about the 12th day of October, 1903, it made application to the city council to prescribe a manner of use for it of the streets of the city in constructing its lines, and at the same time transmitted to council a form of an ordinance which it was willing to…
1Opinion of the Court
The city filed its answer, in which it set forth the report made to council by the committee on telephones, stating reasons why the use of the streets should not be granted to the company, and further alleged that it is impossible to lay conduits in the streets of Cincinnati without unduly incommoding the public.
After hearing evidence, a decree was entered by the probate court granting the company the right to place conduits or subways in a part of the city, and to erect poles throughout the rest of the city.
Appeal was taken from this decree, and this court finds that such appeal is not…
2Cases cited10 opinions
- State ex rel. St. Louis Underground Service Co. v. MurphySupreme Court of Missouri · 1896
- McFarlan v. Triton InsuranceNew York Supreme Court · 1847
- City of Cincinnati v. RiceOhio Supreme Court · 1846
- Hammond v. StrausCourt of Appeals of Maryland · 1880
- Atlantic & Ohio Railroad v. SullivantOhio Supreme Court · 1855
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