Legal Opinion

McKinley Telephone Co. v. Cumberland Telephone Co.

Wisconsin Supreme Court

Decided February 18, 1913PublishedCited by 7 opinions

Appeal from an order of tbe circuit court for Barron county: Eeane A. Boss, Circuit Judge. This is an action for the specific performance of a contract for the sale of certain telephone lines and to enjoin the violation of the agreement. The complaint alleges facts as follows: The plaintiff is a telephone corporation operating several rural telephone lines radiating from the city of Cumberland.

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Appeal from an order of tbe circuit court for Barron county: Eeane A. Boss, Circuit Judge. This is an action for the specific performance of a contract for the sale of certain telephone lines and to enjoin the violation of the agreement. The complaint alleges facts as follows: The plaintiff is a telephone corporation operating several rural telephone lines radiating from the city of Cumberland. The defendant is also a telephone corporation operating several rural telephone lines radiating from the city of Cumberland, and in addition thereto is furnishing telephone service in .the city of…

1Opinion of the CourtSiebecKER, J.

Tbe allegations of tbe complaint indicate that tbe plaintiff and tbe defendant made tbis contract with tbe object in view of so conducting tbeir telephone businesses as to avoid duplication of lines for tbe same territory, to restrict tbeir respective fields of operation, to increase tbe extent and efficiency of tbe service, and to avoid tbe increase of ratesi due to a duplication of tbe plants in tbe same territory. It also appears that in making tbis arrangement tbe parties did not thereby gain such control of tbe public service as to enable them to impose exorbitant charges for tbe service…

2Cases cited1 opinion

  1. Calumet Service Co. v. City of ChiltonWisconsin Supreme Court · 1912

3Cited by7 opinions

  1. Tri-State Broadcasting Company, Inc. v. United Press International, Inc.Court of Appeals for the Fifth Circuit · 1966
  2. Columbia Broadcasting System, Inc. v. Amana Refrigeration, Inc.Court of Appeals for the Seventh Circuit · 1961
  3. Winfield v. Public Service CommissionIndiana Supreme Court · 1911
  4. Wisconsin Power & Light Co. v. City of BeloitWisconsin Supreme Court · 1934
  5. Fleetway, Inc. v. Public Service Interstate Transp. Co.Court of Appeals for the Third Circuit · 1934

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