Legal Opinion · Dissent
Sunset Telephone & Telegraph Co. v. City of Pomona
Court of Appeals for the Ninth Circuit
Decided August 7, 1909No. 1,678Published
Appeal from the Circuit Court of the United States for the Southern Division of the Southern District of California. For opinion below, see 164 Fed. 561.
1DissentGilbert, Circuit Judge
By the opinion of the majority of the court it is held that the appellant has acquired a franchise for the use of 'the appellee’s streets under and by virtue of section-536 of the Civil Code of-California, enacted March 21, 1872, which provided that:
“Telegraph corporations may construct lines of telegraph along and upon any public road or highway along or across any of the waters or lands within this state,” etc.
It is matter of common knowledge that, at the time of the adoption of the statute, telephones for public use were unknown. The opinion does not attempt to construe the statute, or to…
2Cases cited11 opinions
- Knoxville Water Co. v. KnoxvilleSupreme Court of the United States · 1906
- Carroll v. Lessee of CarrollSupreme Court of the United States · 1854
- Bruner v. Superior CourtCalifornia Supreme Court · 1891
- Richmond v. Southern Bell Telephone & Telegraph Co.Supreme Court of the United States · 1899
- State v. KnowlesCourt of Appeals of Maryland · 1900
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