City of Pomona v. Sunset Telephone & Telegraph Co.
Supreme Court of the United States
APPEAL FROM THE .CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the validity and constitutionality of certain provisions of the constitution and statutes of California in regard to the use of streets by telephone companies, arestated in the opinion. The burden was on the company to show that its lines were doing an interstate business. Penn. Ry.
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APPEAL FROM THE .CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the validity and constitutionality of certain provisions of the constitution and statutes of California in regard to the use of streets by telephone companies, arestated in the opinion. The burden was on the company to show that its lines were doing an interstate business. Penn. Ry. Co. v. Knight, 192 U. S. 21. The exception of “telegraph or telephone lines doing an interstate business” contained in the Broughton Act is not in itself a grant of a franchise to construct and maintain such lines. It is not…
1Opinion of the Court
•Mr. Justice Holmes
delivered the opinion of the court.
This is a bill brought by the appellee, a California corporation, to restrain the City of Pomona from removing the appellee’s poles and wires from .the streets of the city, and from preventing the appellee’s placing further poles and wires in the streets. The Circuit Court dismissed-the bill, 164 Fed. Rep. 561, but the decree was reversed and an injunction granted by the Circuit Court of Appeals. 172 Fed. Rep. 829. 97 C. C. A. 251. Two of the grounds originally relied upon were that the appellee, being a telegraph as well as a telephone…
2Cases cited6 opinions
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
- Spreckels Sugar Refining Co. v. McClainSupreme Court of the United States · 1904
- Western Union Telegraph Co. v. HopkinsCalifornia Supreme Court · 1911
- Richmond v. Southern Bell Telephone & Telegraph Co.Supreme Court of the United States · 1899
- Sunset Tel. & Tel. Co. v. City of PasadenaCalifornia Supreme Court · 1911
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3Cited by12 opinions
- Lemke v. Farmers Grain Co. of EmbdenSupreme Court of the United States · 1922
- Pacific Telephone & Telegraph Co. v. City & County of San FranciscoCalifornia Supreme Court · 1959
- Matter of RussellCalifornia Supreme Court · 1912
- Pacific Telephone & Telegraph Co. v. City & County of San FranciscoCalifornia Court of Appeal · 1961
- County of Inyo v. HessCalifornia Court of Appeal · 1921
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