Legal Opinion

Dakota Central Telephone Co. v. City of Huron

U.S. Circuit Court for the District of South Dakota

Decided November 3, 1908PublishedCited by 3 opinions

In Equity. On final hearing. This cause has lieen submitted upon bill, cross-bill, answers thereto, and a stipulation of facts From the stipulation the following material facts appear: The Dakota Central Telephone Company is a corporation duly incorporated under the laws of the state of South Dakota on August 30, 1904, with power to purchase, lease, construct, and operate telephone lines and exchanges. The defendant is a municipal corporation of South Dakota.

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In Equity. On final hearing. This cause has lieen submitted upon bill, cross-bill, answers thereto, and a stipulation of facts From the stipulation the following material facts appear: The Dakota Central Telephone Company is a corporation duly incorporated under the laws of the state of South Dakota on August 30, 1904, with power to purchase, lease, construct, and operate telephone lines and exchanges. The defendant is a municipal corporation of South Dakota. On January 28, 1898, at the request of one J. L. W. Zeitlow, the city council of the defendant duly passed the following ordinance: “An…

1Opinion of the CourtCarland, District Judge

(after stating the facts as above). The following provisions of statutory law relate to the questions raised on this record:

“To provide for the lighting of streets and public grounds, the laying down of gas pipes and erection of lamp posts, lines for conveying electric light and telegraph and telephone lines and to regulate the distribution, use and sale *229of gas and other illuminating fluids.” Paragraph 11 of section 7 of the charter; of the city of Huron.

“No street passenger, railway or telegraph or telephone line shall be constructed within the limits of any village, town or city without the…

2Cases cited7 opinions

  1. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  2. Northwestern Telephone Exchange Co. v. City of MinneapolisSupreme Court of Minnesota · 1900
  3. McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
  4. Abbott v. City of DuluthU.S. Circuit Court for the District of Minnesota · 1900
  5. Southern Bell Telephone & Telegraph Co. v. City of RichmondCourt of Appeals for the Fourth Circuit · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Chesapeake & Potomac Telephone Co. v. City of MorgantownWest Virginia Supreme Court · 1959
  2. Town of Seaford v. Eastern Shore Public Service Co.Court of Chancery of Delaware · 1937
  3. Eastern Shore Public Service Co. v. Town of SeafordSupreme Court of Delaware · 1938

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