Wisconsin Telephone Co. v. City of Oshkosh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Oassouay: “It appears from the complaint that on October 29, 1880, one Athearn had, by permission, consent, and approval of the defendant, used and operated a telephone line in the city, and had erected poles in the streets and allej^s thereof, on which were placed the necessary wires to use in the business, and that he continued to hold and operate the same until March 21, 1881, when…
Read the full summary
APPEAL from the Circuit Court for Winnebago County. The case is thus stated by Mr. Justice Oassouay: “It appears from the complaint that on October 29, 1880, one Athearn had, by permission, consent, and approval of the defendant, used and operated a telephone line in the city, and had erected poles in the streets and allej^s thereof, on which were placed the necessary wires to use in the business, and that he continued to hold and operate the same until March 21, 1881, when the plaintiff, having become incorporated, became the owner thereof by purchase from Athearn; that under ch. 345, Laws…
1Opinion of the CourtCassoday, J.
The telephone is a new invention; so recent, that even our statutes, as revised in 1878, fail to mention it.° By what authority is it at large in Oshkosh? May that municipality legally exact a license fee of $300 a year for the'privilege of its remaining? This is the question that confronts us. The corporate existence of the plaintiff, not having been specifically denied, stands as admitted. Sec. 4199, R. S.; Crane Bros. Manuf'g Co. v. Morse, 49 Wis. 370. Of course, the corporation was necessarily formed, and the charter necessarily obtained, under ch. 86, R. S. As indicated, there is no…
2Cases cited9 opinions
- Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Mayor of New York v. Second Avenue RailroadNew York Court of Appeals · 1865
- Moran v. New OrleansSupreme Court of the United States · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Hudson River Telephone Co. v. Watervliet Turnpike & Railway Co.New York Court of Appeals · 1892
- Michigan Telephone Co. v. City of Benton HarborMichigan Supreme Court · 1899
- State ex rel. Wisconsin Telephone Co. v. City of SheboyganWisconsin Supreme Court · 1901
- San Antonio & Aransas Pass Railway Co. v. Southwestern Telegraph & Telephone Co.Texas Supreme Court · 1900
- City of Tulsa v. Southwestern Bell Telephone Co.Court of Appeals for the Tenth Circuit · 1935
40 more not listed; retrieve them via the Exa API.