Cumberland Telephone & Telegraph Co. v. United Electric Ry. Co.
U.S. Circuit Court for the District of Middle Tennessee
In Equity. On motion for an injunction. This was a bill in equity to enjoin the use of electricity by the street railways of Nashville under any system which makes use of the earth for its return circuit. The complainant is a Kentucky corporation “empowered” by its charter “to construct and operate linos of telephone.”
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In Equity. On motion for an injunction. This was a bill in equity to enjoin the use of electricity by the street railways of Nashville under any system which makes use of the earth for its return circuit. The complainant is a Kentucky corporation “empowered” by its charter “to construct and operate linos of telephone.” It entered the state of Tennessee, claiming a right under section 1535 of the state Code, which provides that “any person or company may construct a telegraph line along the public highways and streets of this state, or across the rivers, or over any lands belonging to the…
1Opinion of the CourtBrown, J.
We do not care, in this case, to discuss the constitutionality of the act of 1885, or the present obligation or effect of the contract entered into between the complainant and two of the defendant railway companies, under which the latter agreed to furnish proper return wires to the telephone company in order to obviate the difficulties experienced by the escape of electricity from their rails. We prefer to assume that both these parties are lawfully exercising their franchises, and to consider their respective rights and obligations unembarrassed by any previous contracts or understandings.…
2Cases cited31 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
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3Cited by16 opinions
- The Clark-Aiken Co. v. Cromwell-Wright Co. Inc.Massachusetts Supreme Judicial Court · 1975
- Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
- Lake Shore & Michigan Southern Railway Co. v. Chicago, Lake Shore & South Bend Railway Co.Indiana Court of Appeals · 1910
- Northwestern Telephone Exchange Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1899
- City of Richmond v. Southern Bell Tel. & Tel. Co.Court of Appeals for the Fourth Circuit · 1898
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