American Telephone & Telegraph Co. v. Morgan County Telephone Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. This bill was filed on November 28, 1902, by the American Telephone and Telegraph Company, which will be referred to as the complainant, or the American Company, against the Morgan County Telephone Company, which will be referred to as defendant, or the Morgan Company.
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Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. This bill was filed on November 28, 1902, by the American Telephone and Telegraph Company, which will be referred to as the complainant, or the American Company, against the Morgan County Telephone Company, which will be referred to as defendant, or the Morgan Company. The bill alleges that the American Company was a duly organized and incorporated company, and that the Morgan Company is acting as a corporation, located in the town of New Decatur, Ala., that on June 7th, 1898, the Mayor and Aldermen of said…
1Opinion of the CourtHaralson, J.
The contention on the part of the complainant is, that without its consent the defendant has no right to erect its poles on Moulton or other streets in the city of New Decatur, between the poles of complainant, and to string its wires on or near the top of these poles, above the wires of complainant, in the manner set forth in its bill; while that of the defendant is, conceding an equal right to' the complainant with itself, to the use of the streets of said city for its telephone or telegraph purposes, that complainant has no right to said streets superior to the right of defendant to erect,…
2Cases cited4 opinions
- Kingsbury v. FlowersSupreme Court of Alabama · 1880
- Rouse v. MartinSupreme Court of Alabama · 1883
- English v. Progress Electric Light & Motor Co.Supreme Court of Alabama · 1891
- Consolidated Electric Light Co. v. People's Electric Light & Gas Co.Supreme Court of Alabama · 1891
3Cited by4 opinions
- Brammer v. Housing Authority of Birmingham Dist.Supreme Court of Alabama · 1940
- McHan v. McMurrySupreme Court of Alabama · 1911
- Montgomery Light & Water Power Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1904
- Town of New Decatur v. American Telephone & Telegraph Co.Supreme Court of Alabama · 1912