Birmingham Traction Co. v. Sou. Bell Telephone & Telegraph Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Tried before Hon. Thomas Cobbs. The facts alleged in the bill so far as is necessary to set them out for a proper understanding of the case are, that the appellee, complainant below, is a duly organized and incorporated company, with full authority under its charter, to own, build, and construct lines of wire and poles for telephonic and telegraphic purposes, and that it now owns and is operating, and has for a long time — for ten years…
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Appeal from Jefferson Chancery Court. Tried before Hon. Thomas Cobbs. The facts alleged in the bill so far as is necessary to set them out for a proper understanding of the case are, that the appellee, complainant below, is a duly organized and incorporated company, with full authority under its charter, to own, build, and construct lines of wire and poles for telephonic and telegraphic purposes, and that it now owns and is operating, and has for a long time — for ten years or more — owned and operated with full power and authority to do so, in and around the city of Birmingham, Alabama,…
1Opinion of the CourtHaralson, J.
(After stating the case as above.) We do not understand it to be insisted in this case, that the Telephone Company has the exclusive right to the streets and avenues of the city of Birmingham for the *149purpose of operating its telephone system. No company, under ordinary circumstances, can' assert and maintain a right to the exclusive enjoyment of a public street. Such a monopoly the law does not favor. Counsel for appellee, in their written brief, say that “it does not seek to enjoin appellant from constructing its electric street railway, but simply asks that appellant be restrained from so…
2Cases cited4 opinions
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Bowling v. CrookSupreme Court of Alabama · 1893
3Cited by4 opinions
- B'ham Ry. L. & P. Co. v. SmyerSupreme Court of Alabama · 1913
- Montgomery Light & Water Power Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1904
- Morris v. Montgomery Traction Co.Supreme Court of Alabama · 1904
- Montgomery Light & Water P. Co. v. Citizens L. H. & P. Co.Supreme Court of Alabama · 1906