Castle v. Bell Tel. Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Monroe county. Bill by Wilmot Castle against the Bell Telephone Company of Buffalo and others. From an order vacating an injunction (61 FT. T. Supp. 743), plaintiff appeals. The plaintiff is the owner of a lot situate upon the west side of Oxford street, in the city of Rochester, the fee of which extends to the center of that street.
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Appeal from special term, Monroe county. Bill by Wilmot Castle against the Bell Telephone Company of Buffalo and others. From an order vacating an injunction (61 FT. T. Supp. 743), plaintiff appeals. The plaintiff is the owner of a lot situate upon the west side of Oxford street, in the city of Rochester, the fee of which extends to the center of that street. The Bell Telephone Company of Buffalo for upwards of 20 years last past has owned and operated a telephone system in the same city, and in the conduct of its business has until quite recently maintained and used poles, with wires strung…
1DissentLaughlin, J.
Telephone companies are private corporations organized and conducted for the individual profit of the stockholders. The telephone is so extensively used that it seems indispensable to professional men and those engaged in various lines of trade and business, and it is a great convenience to all others who have occasion and financial ability to use it. Strictly speaking, however, the telephone is not a public necessity or convenience. It accommodates and serves the public to no greater extent than street, steam, surface, and elevated railroads; and as to these, regardless of whether they…
2Cases cited11 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Palmer v. . Larchmont Electric Co.New York Court of Appeals · 1899
- Wormser v. . BrownNew York Court of Appeals · 1896
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