Pollard v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from Caldwell Circuit Court. — Son. J. W. Alexander, Judge. (1) I do not find where the specific question raised in respondent’s demurrer, or at least the point raised in trial court in his argument, has been decided by any court; but the case, State ex rel. v. Telephone Company, 93 Mo. App. 342, is decisive of the principle involved.
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Appeal from Caldwell Circuit Court. — Son. J. W. Alexander, Judge. (1) I do not find where the specific question raised in respondent’s demurrer, or at least the point raised in trial court in his argument, has been decided by any court; but the case, State ex rel. v. Telephone Company, 93 Mo. App. 342, is decisive of the principle involved. (2) One of the duties enjoined upon such telephone and telegraph companies by section 1255, R. S. 1899, is “to provide sufficient facilities at all its offices for the dispatch of the business of the public.” A further duty enjoined is to “receive…
1Opinion of the CourtEllison, J.
This action was brought by plaintiff to recover of the defendant telephone company, organized as a corporation, a penalty of two hundred dollars under the terms of section 1255, Revised Statutes 1899, relating to the duties of telegraph and telephone companies. The defendant demurred to the plaintiff’s petition on the ground that it did not state a cause of action; which demurrer was sustained, and plaintiff, electing to stand on his pleading, appealed to this court.' The petition charges that defendant had a telephone line, open to the public, running from Braymer, Missouri, to Kansas City,…
2Cases cited2 opinions
- Connell v. Western Union Telegraph Co.Supreme Court of Missouri · 1891
- Burnett v. Western Union Telegraph Co.Missouri Court of Appeals · 1890
3Cited by4 opinions
- F. W. Brockman Commission Co. v. Western Union Telegraph Co.Missouri Court of Appeals · 1914
- Bess v. Citizens Telephone Co.Supreme Court of Missouri · 1926
- Rose v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1914
- Rose v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1914