Legal Opinion

East Tennessee Telephone Co. v. Anderson County Telephone Co.

Court of Appeals of Kentucky

Decided May 5, 1903PublishedCited by 14 opinions

Case 58 — Action by the Anderson Telephone Company against the Hast Telephone Company and Others por an Injunction. APPEAL FROM ANDERSON CIRCUIT . COURT. Judgment for Plaintiff and Defendants Appeal. GENERAL -STATEMENT. The judgment herein appealed from is for damages on an injunction bond. The injunction complained .of wias granted on August 16, 1899, finally dissolved June 13, 1900, having been in force approximately ten months.

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Case 58 — Action by the Anderson Telephone Company against the Hast Telephone Company and Others por an Injunction. APPEAL FROM ANDERSON CIRCUIT . COURT. Judgment for Plaintiff and Defendants Appeal. GENERAL -STATEMENT. The judgment herein appealed from is for damages on an injunction bond. The injunction complained .of wias granted on August 16, 1899, finally dissolved June 13, 1900, having been in force approximately ten months. By this injunction the Anderson County Telephone 'Company (appellee here) was enjoined “from erecting poles, posts or other apparatus preparatory to or necessary…

1Opinion of the Court

Opinion " oi- the court by

CHIBE JUSTICE BURNAM

Reversing.

On the 10th day of August, 1899, the East Tennessee Telephone Company sued out an injunction against the Anderson-County Telephone Company, and enjoined them from “erecting poles, posts, and other apparatus preparatory to or necessary 'to be used in the operation of a telephone exchange along, over, under or across- the public streets, alleys, or public ways of Lawrenceburg,” upon the ground that by -the contract with the city of Lawrenceburg they had an exclusive franchise to establish and operate a telephone system therein. The…

2Cases cited2 opinions

  1. Macey v. TitcombeIndiana Supreme Court · 1862
  2. Hibbs v. Western Land Co.Supreme Court of Iowa · 1890

3Cited by14 opinions

  1. Cumberland Telephone & Telegraph Co. v. City of CalhounCourt of Appeals of Kentucky · 1912
  2. Merchants Police & Dist. Telegraph Co. v. Citizens Telephone Co.Court of Appeals of Kentucky · 1906
  3. Armstrong v. Illinois Central RailroadTennessee Supreme Court · 1926
  4. Rural Home Tel'p Co. v. Ky. & Ind. Tel'p Co.Court of Appeals of Kentucky · 1908
  5. Union Light, Heat & Power Co. v. Railroad Commission of Commonwealth of KentuckyDistrict Court, E.D. Kentucky · 1926

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