Barton v. Cumberland Telephone & Telegraph Co.
Supreme Court of Louisiana
Certiorari to Court of Appeal, Parish of Assumption. Application by C. C. Barton for a writ of mandatory injunction against the Cumberland Telephone & Telegraph Company. Prom an order dismissing the suit, plaintiff appealed to the Court of Appeal, where the decision was reversed, and defendant appealed for certiorari or writ of review-
1Opinion of the CourtBreaux, C. J.
Relator is a resident of the city of New Orleans; respondent is a resident of the parish of Assumption. As its name indicates, relator is engaged in the telephone business.
Relator and respondent entered into a verbal contract, whereby the former obligated itself to install a telephone in the residence of respondent and to place him in communication with Napoleonville and Donaldson-ville, as well as within reach, by telephone, with all of relator’s subscribers in Assumption parish.
The charges therefore were to be $5 per month, which respondent has always punctually paid; and, in addition, he…
2Cases cited10 opinions
- Schoppel v. DalySupreme Court of Louisiana · 1904
- State ex rel. Pelletier v. SommervilleSupreme Court of Louisiana · 1904
- Houston v. Vicksburg, Shreveport & Pacific RailroadSupreme Court of Louisiana · 1887
- Castille v. Caffery Central Refinery & RailroadSupreme Court of Louisiana · 1896
- Payne v. Amos Kent Brick & Lumber Co.Supreme Court of Louisiana · 1903
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3Cited by4 opinions
- Tripani v. MerauxSupreme Court of Louisiana · 1936
- Sklarsky v. Great Atlantic & Pacific Tea Co.District Court, S.D. New York · 1931
- Tripani v. MerauxLouisiana Court of Appeal · 1935
- West Hartlepool Steam Navigation Co. v. Benemelis Steamship Co.Louisiana Court of Appeal · 1914