Pack v. Southern Bell Telephone & Telegraph Co.

These three suits place in issue the constitutionality of Chapter 368, Public Acts of Tennessee for 1963. Although there are three separate utilities involved in this litigation (ranging from privately to publicly owned bodies), they all stand on the same footing for at least two reasons.

First, the activities engaged in by the City of Memphis, a municipal corporation, are of a proprietary character. Nashville Electric Service v. Luna, 185 Tenn. 175, 204 S.W.2d 529 (1947); and Prosser, Torts, Section 109 (2d ed. 1955). Those engaged in by the Memphis Light, Gas & Water Division are to provide…