Wright v. Glen Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Glen Telephone Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Fulton on the 15th day of September, 1905, upon the decision of the court rendered after a trial at the Fulton Trial Term, before the court without a jury, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Smith, J.:
The defendant challenges plaintiff’s complaint as not stating' facts sufficient to constitute a cause of action. If any cause of action be therein alleged the demurrer was properly overruled.
From the complaint it appears that the defendant is a telephone corporation, operating its lines in the city of Gloversville, Fulton county, and the adjoining places. The plaintiff is a practicing lawyer in the city of Gloversville. The complaint fairly alleges that the defendant refuses to supply telephone service to him at reasonable rates and refuses to give him telephone service except upon *746t…
2Cases cited7 opinions
- Stone v. MississippiSupreme Court of the United States · 1880
- State ex rel. Garner v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1905
- State ex rel. Wisconsin Telephone Co. v. City of SheboyganWisconsin Supreme Court · 1901
- Barhite v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Bronk v. BarckleyAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by5 opinions
- General Telephone Co. of the Northwest, Inc. v. City of BothellWashington Supreme Court · 1986
- City of Jamestown v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Murray v. New York Telephone Co.New York Supreme Court · 1913
- Waterloo Water Co. v. Village of WaterlooAppellate Division of the Supreme Court of the State of New York · 1922
- Farnsworth v. . Boro Oil Gas Co.New York Court of Appeals · 1915