Cumberland Tel'p & Tel'g Co. v. Cartwright Tel'p Co.
Court of Appeals of Kentucky
CASE 42 — ACTION BY THE CARTWRIGHT CREEK TELEPHONE COMPANY AGAINST THE CUMBERLAND TELEPHONE AND TELEGRAPH COMPANY. Appeal from.Washington Circuit Court. I. H. Thurman, Circuit Judge. Judgment for plaintiff. Defendant appeals. — POINTS AND AUTHORITIES. 1. Statement. 2. The motion of defendant that the court peremptorily instruct the jury to find a verdict for it should have been sustained.
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CASE 42 — ACTION BY THE CARTWRIGHT CREEK TELEPHONE COMPANY AGAINST THE CUMBERLAND TELEPHONE AND TELEGRAPH COMPANY. Appeal from.Washington Circuit Court. I. H. Thurman, Circuit Judge. Judgment for plaintiff. Defendant appeals. — POINTS AND AUTHORITIES. 1. Statement. 2. The motion of defendant that the court peremptorily instruct the jury to find a verdict for it should have been sustained. (Bastin Telephone Co. v. Richmond Telephone Co., &c., 117 Ky., 122.) 3. The instructions to the jury were erroneous. (Mayness’ Damages, (6th Ed) 43; 2 Sutherland on Damages, (2d Ed) 390; 13 Ency. PI. & Pr.…
1Opinion of the Court
Opinion op the Court by
Judge Settle1
Affirming in part and reversing in part.
Appellant owns and maintains a telephone system in the city of Springfield and upon certain public highways of Washington county, which it operated for several years without a franchise from either the city or county, but in 1905 it purchased at public sale, as .the highest and best bidder, from both the city of Springfield and county of Washington, permanent franchises to operate and maintain its telephone system in the city and county, paying therefor to the city $1, and to the county $25. Appellant’s purchase of…
2Cases cited5 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Paducah Lumber Co. v. Paducah Water Supply Co.Court of Appeals of Kentucky · 1889
- Hall v. Scott's Adm'rCourt of Appeals of Kentucky · 1890
- Graves County Water Co. v. LigonCourt of Appeals of Kentucky · 1902
- Blakeley v. AdamsCourt of Appeals of Kentucky · 1902
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