City of Petaluma v. Pacific Telephone & Telegraph Co.

The city of Petaluma brought this action to restrain Pacific Telephone and Telegraph Company from using city streets for telephone and telegraph service until it obtains a municipal franchise to conduct a communications business and to use the streets and other public places for its lines and equipment. A general demurrer was sustained to the complaint, and the city has appealed from the ensuing judgment.

Petaluma operated as a city of the fifth class from 1884 until 1911, when it obtained a freeholders’ charter. The Sunset Telephone and Telegraph Company commenced the operation of a telephone…