Rochester Telephone Co. v. Ross
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The plaintiff is a domestic telephone corporation, organized and existing under the Transportation Corporations Law, and has, since 1900, been engaged in operating and maintaining a telephone exchange and; system in and throughout the city of Rochester, upwards of 10,000 telephone instruments being now connected with the same, and telephone service…
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The plaintiff is a domestic telephone corporation, organized and existing under the Transportation Corporations Law, and has, since 1900, been engaged in operating and maintaining a telephone exchange and; system in and throughout the city of Rochester, upwards of 10,000 telephone instruments being now connected with the same, and telephone service furnished by the plaintiff through such instruments to the users thereof. The defendant resides.and is engaged in business in…
1Opinion of the Court
Kruse, J.:
The sole question involved in this controversy is whether the plaintiff may charge the defendant for telephone service at a greater rate than that for which it agreed to furnish the same, *80under the terms of the contract of April 14, 1899, which is the rate heretofore charged the defendant for such service. It is contended on behalf of the plaintiff that the city had no power to enter into any agreement regarding the telephone rates, and that the telephone company received under said agreement no additional right of any kind, beyond what it already had under the franchise it received…
2Cases cited5 opinions
- Hudson River Telephone Co. v. Watervliet Turnpike & Railway Co.New York Court of Appeals · 1892
- Barhite v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Village of Carthage v. Central New York Telephone & Telegraph Co.New York Court of Appeals · 1906
- Charles Simons Sons Co. v. Maryland Telephone & Telegraph Co.Court of Appeals of Maryland · 1904
- City of Jamestown v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by10 opinions
- Washington ex rel. City of Seattle v. Pacific Telephone & Telegraph Co.District Court, W.D. Washington · 1924
- Farnsworth v. Boro Oil & Gas Co.New York Supreme Court · 1912
- Buffalo Merchants' Delivery Co. v. Frontier Telephone Co.New York Supreme Court · 1908
- Murray v. New York Telephone Co.New York Supreme Court · 1913
- People ex rel. New York v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1920
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