Haines ex rel. Readfield Telegraph & Telephone Co. v. Crosby
Supreme Judicial Court of Maine
On Report. This was a bill in equity, heard on bill, answer and proofs, brought by the plaintiff corporation against the defendant to restrain him from carrying on a public telephone business over the line which he had constructed in the towns of Readfield and Wayne. The plaintiff corporation was duly chartered under the general laws of the State of.
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On Report. This was a bill in equity, heard on bill, answer and proofs, brought by the plaintiff corporation against the defendant to restrain him from carrying on a public telephone business over the line which he had constructed in the towns of Readfield and Wayne. The plaintiff corporation was duly chartered under the general laws of the State of. Maine, on May 28, 1895, with the right to erect telephone lines and carry on telephone business throughout the territory specified in its certificate of organization. The line as built runs from Readfield Depot to Readfield Corner, also from…
1Opinion of the CourtStrout, J.
Chapter 103, § 3, of the statute of 1895, provides that “no corporation organized hereunder shall have authority, *215without special act of the legislature, to construct its lines along the route or routes, used or authorized to be used, by any other telegraph or telephone company, person or firm, or between points connected, or authorized to be connected, by the lines of any such company, person or firm, unless it shall first obtain the consent of such other company, person or firm.”
This statute is so prohibitive of competition, even if wholesome, that we are not inclined to extend its…
2Cited by1 opinion
- POLAND TELEPHONE CO. v. Pine Tree Tel. & Tel. Co.Supreme Judicial Court of Maine · 1966