Legal Opinion

Commercial Union Telegraph Co. v. New England Telephone & Telegraph Co.

Supreme Court of Vermont

Decided October 15, 1888PublishedCited by 20 opinions

This was a petition for mandamus. The defendant made answer, and the case was heard upon the petition, answer, and agreed statement of facts. The points in issue appear in the opinion. The defendant having established itself in general business in the State has become a public servant. As such it cannot discriminate between different classes of business, or between different persons in the same class. Baltimore <& Ohio Telg. Co. v. Bell Telph. Co., 24 Am.

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This was a petition for mandamus. The defendant made answer, and the case was heard upon the petition, answer, and agreed statement of facts. The points in issue appear in the opinion. The defendant having established itself in general business in the State has become a public servant. As such it cannot discriminate between different classes of business, or between different persons in the same class. Baltimore <& Ohio Telg. Co. v. Bell Telph. Co., 24 Am. Law Reg. 573 ; Bell Telph. Co. of Phila. v. The Com. Penn., ex rel. The Balt. <& Ohio Telg. Co., 7 East Rep. 672; The People ex rel. The…

1Opinion of the Court

The opinion of the court was delivered by

Tyler, J.

This case was heard on the bill, answer and an agreed statement of facts. p

The relator and the defendant are corporations chartered and existing under the laws of the State of New York. The former as a telegraph company since January, 1887, and the latter as a telephone company since January, 1886, have been doing business in this State in compliance-with its laws, with offices in the town of Rutland. The defendant, for certain fixed and uniform prices, had placed its telephones in public and private buildings and places of business in said…

2Cases cited5 opinions

  1. Adams v. BurkeSupreme Court of the United States · 1873
  2. Mitchell v. HawleySupreme Court of the United States · 1873
  3. Chesapeake & Potomac Telephone Co. v. Baltimore & Ohio Telegraph Co.Court of Appeals of Maryland · 1887
  4. Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1858
  5. American Rapid Telegraph Co. v. Connecticut Telephone Co.Supreme Court of Connecticut · 1881

3Cited by20 opinions

  1. Chicago & Eastern Illinois Railroad v. HeereyIllinois Supreme Court · 1903
  2. Haugen v. Albina Light & Water Co.Oregon Supreme Court · 1891
  3. Pennsylvania Publications, Inc. v. Pennsylvania Public Utility CommissionSupreme Court of Pennsylvania · 1944
  4. State ex rel. Goodwine v. CadwalladerIndiana Supreme Court · 1909
  5. Inter-Ocean Publishing Co. v. Associated PressIllinois Supreme Court · 1900

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