State ex rel. Garner v. Missouri & Kansas Telephone Co.
Supreme Court of Missouri
Mandamus. (1) Prima facie the ordinance is reasonable and enforceable. The burden is upon respondent, at every point, to -establish the proposition that it should not be enforced. Tel. Co. v. Phila., 23 Sup. Ct. Rep. 817; Railroad v. State, 186 U. S. 257. And relator, by having the survey of the assets of respondent made, and by the introduction of the evidence, did not change this rule as to the burden of proof.
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Mandamus. (1) Prima facie the ordinance is reasonable and enforceable. The burden is upon respondent, at every point, to -establish the proposition that it should not be enforced. Tel. Co. v. Phila., 23 Sup. Ct. Rep. 817; Railroad v. State, 186 U. S. 257. And relator, by having the survey of the assets of respondent made, and by the introduction of the evidence, did not change this rule as to the burden of proof. Bolán v. Co., 127 Mo. 525. (2) Respondent being engaged in a business of a public nature, enjoying by grant from the State the sovereign power of eminent domain, is subject, as to…
1Opinion of the CourtYalliant, J.
-This is an original proceeding in this court to obtain a writ of mandamus.
*97Respondent is.a telephone company, incorporated nnder the laws of this State, engaged in furnishing telephone service in Kansas City and adjacent territory. It was incorporated in 1882 nnder article 5, chapter 21, Revised Statutes 1879 (now art. 6, chapter 12, R. S. 1899), and has ever since the date of its incorporation owned and operated a system of telephones in Kansas City . In September, 1902, Kansas. City adopted an ordinance fixing the maximum rate to be charged by telephone companies for their service in that…
2Cases cited4 opinions
- City of St. Louis v. Bell Telephone Co.Supreme Court of Missouri · 1888
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
- Kansas City v. StegmillerSupreme Court of Missouri · 1899
- Young v. Kansas CitySupreme Court of Missouri · 1899
3Cited by46 opinions
- City of Sapulpa v. LandSupreme Court of Oklahoma · 1924
- State ex rel. Webster v. Superior CourtWashington Supreme Court · 1912
- State ex rel. Triay v. BurrSupreme Court of Florida · 1920
- Kansas City v. J. I. Case Threshing MacHine Co.Supreme Court of Missouri · 1935
- Tietjens v. City of St. LouisSupreme Court of Missouri · 1949
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