Montgomery v. Southwestern Arkansas Telephone Co.
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Garter, J.udge; STATEMENT BY THE COURT. This is a suit by appellants against appellee for the recovery of the statutory penalty under section 7948 of Kirby’s Digest, for an alleged discrimination against them in refusing them telephone service. The complaint alleges that appellee is a corporation, organized under the laws of this State, and that it owns and operates a telephone exchange in the city of Prescott.
Read the full summary
Appeal from Nevada Circuit Court; Jacob M. Garter, J.udge; STATEMENT BY THE COURT. This is a suit by appellants against appellee for the recovery of the statutory penalty under section 7948 of Kirby’s Digest, for an alleged discrimination against them in refusing them telephone service. The complaint alleges that appellee is a corporation, organized under the laws of this State, and that it owns and operates a telephone exchange in the city of Prescott. That on the first day of March, 1912, appellants lived in the country about four miles distant from the city of Prescott. That in connection…
1Opinion of the Court
Hart, J.,
(after stating the facts). This suit was instituted under section 7948 of Kirby’s Digest. The section in question is merely declaratory of the common law for the purpose of preventing discrimination, with penalties added. S. W. Tel. & Tel. Co. v. Danaher, 102 Ark. 547. See also Home Tel. Co. v. Peoples’ Tel. & Telegraph Co., 125 Tenn. 270; 43 L. R. A. (N. S.) 550, and cases cited; Bradford v. Citizens Telephone Co., 161 Mich. 385, 137 Am. St. Kep. 513.
Telephone and telegraph companies are common carriers of intelligence, and must give the same service on the same terms to all who…
2Cases cited6 opinions
- Cumberland Telephone & Telegraph Co. v. KellyCourt of Appeals for the Sixth Circuit · 1908
- Delaware & A. Telegraph & Telephone Co. v. Delaware ex rel. Postal Telegraph-Cable Co.Court of Appeals for the Third Circuit · 1892
- Home Telephone Co. v. People's Telephone & Telegraph Co.Tennessee Supreme Court · 1911
- Younts v. Southwestern Telegraph & Telephone Co.U.S. Circuit Court for the District of Eastern Arkansas · 1911
- Southwestern Telegraph & Telephone Co. v. DanaherSupreme Court of Arkansas · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hinson v. Culberson-Stowers Chevrolet, Inc.Supreme Court of Arkansas · 1968