Nolte v. Montgomery Home Telephone Co.

The opinion of the court was delivered by

Smith, J.:

There is no dispute about the facts in this case. The only question presented for consideration is whether the judgment rendered against the appellant for $50, being the amount appellee had expended for attorneys’ fees in bringing the action, is legal.

The appellant was a public service telephone corporation. The appellee’s dwelling house was connected with the wires of the appellant and there was nothing to prevent the company from rendering her service, as it furnished such service to others similarly situated. The company had at one time…