Central Union Telephone Co. v. Fehring

This action was brought by appellee, against appellant, to recover the statutory penalty under section 5529, Burns’ R. S. 1894 (section 2, p. 151, Acts 1885), for failure and refusal on the part of appellant to supply appellee with “telephone connection and facilities without discrimination or partiality.” The complaint was in two paragraphs, which were substantially the same, except the offense was alleged on different days. Appellant’s separate demurrer for want of facts to each paragraph of complaint was overruled.' An answer in three paragraphs was filed, to which a reply of general…