City of Louisville v. Cumberland Telephone & Telegraph Co.
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES POR THE WESTERN DISTRICT OF KENTUCKY. The facts, which involve the question of whether an ordinance of the City of Louisville fixing rates for telephone service in that city, was unconstitutional as confiscatory of the property of the companies, are stated in the opinion..
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APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES POR THE WESTERN DISTRICT OF KENTUCKY. The facts, which involve the question of whether an ordinance of the City of Louisville fixing rates for telephone service in that city, was unconstitutional as confiscatory of the property of the companies, are stated in the opinion.. Questions referred to a master cannot in turn be referred to an accountant in such a manner that the report of the accountant will bind the parties, the master or the court. Kimberly v. Arms, 129 U. S. 512. The court should assume that a telephone company will charge the…
1Opinion of the CourtJustice Holmes
This is a bill to prevent the enforcement of an ordinance of the City of Louisville fixing telephone rates, passed in 1909, after the attempt of the city to deprive the appellee of its franchise, when that seemed likely to fail. See Louisville v. Cumberland Telephone & Telegraph Co., 224 U. S. 649. The question raised is the usual one of con fiscation. In consequence of the conclusion to which we have come we shall make a much more summary statement of the facts than in other circumstances might be necessary. The case was referred to a Master and he reported in favor of the city. He was of…
2Cases cited1 opinion
- City of Louisville v. Cumberland Telephone & Telegraph Co.Supreme Court of the United States · 1912
3Cited by41 opinions
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
- Northern Pacific Railway Co. v. Department of Public WorksSupreme Court of the United States · 1925
- Railroad Commission v. Houston Natural Gas Corp.Texas Supreme Court · 1956
- Grand Trunk Western Railway Co. v. City of South BendSupreme Court of the United States · 1913
- Missouri v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1916
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