Legal Opinion

Delaware & A. Telegraph & Telephone Co. v. Delaware ex rel. Postal Telegraph-Cable Co.

Court of Appeals for the Third Circuit

Decided April 21, 1892No. 3PublishedCited by 22 opinions

Error to the Circuit Court of the United States for the District of Delaware. Petition by the Postal Telegraph-Cable Company for a writ of mandamus to compel the Delaware & Atlantic Telegraph <& Telephone Company to place a telephone transmitter and receiver in the office of relator on the same terms as are given to other subscribers.

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Error to the Circuit Court of the United States for the District of Delaware. Petition by the Postal Telegraph-Cable Company for a writ of mandamus to compel the Delaware & Atlantic Telegraph <& Telephone Company to place a telephone transmitter and receiver in the office of relator on the same terms as are given to other subscribers. The petition was originally brought in the superior court of the state of Delaware, for New Castle county, and was removed therefrom to the court below, which awarded the writ as prayed. See 47 Fed. Rep. 633. Respondent brings error.

1Opinion of the Court

Butler, District-Judge.

There is no controversy about the facts of this case. The relator owns and operates- a telegraph system with lines extending throughout the country, having its principal office in the city of Wilmington. The respondent owns and operates a telephone exchange in Wilmington connected with the places of business and residences of subscribers, to whom telephonic facilities are furnished. One of the subscribers enjoying such facilities is the Western Union. Telegraph Company. -The relator, desiring similar facilities, on the 20th of November, 1889, applied to the respondent…

2Cases cited6 opinions

  1. Budd v. New YorkSupreme Court of the United States · 1892
  2. St. Louis, Iron Mountain & Southern Railway Co. v. Southern Express Co.Supreme Court of the United States · 1886
  3. Chesapeake & Potomac Telephone Co. v. Baltimore & Ohio Telegraph Co.Court of Appeals of Maryland · 1887
  4. Central Union Telephone Co. v. State ex rel. FalleyIndiana Supreme Court · 1889
  5. Commercial Union Telegraph Co. v. New England Telephone & Telegraph Co.Supreme Court of Vermont · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Carbice Corp. of America v. American Patents Development Corp.Supreme Court of the United States · 1931
  2. Heaton-Peninsular Button-Fastener Co. v. Eureka Specialty Co.Court of Appeals for the Sixth Circuit · 1896
  3. Michigan Telephone Co. v. City of Benton HarborMichigan Supreme Court · 1899
  4. State ex rel. Goodwine v. CadwalladerIndiana Supreme Court · 1909
  5. Cumberland Telephone & Telegraph Co. v. KellyCourt of Appeals for the Sixth Circuit · 1908

17 more not listed; retrieve them via the Exa API.

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