Louisville Home Tel. Co. v. Cumberland Telephone & Telegraph Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western District of Kentucky. This is an appeal from an order of the circuit court granting a preliminary injunction in a suit in equity brought by the Cumberland Telephone & Telegraph Company against the Louisville Home Telephone Company for the purpose of restraining the latter company from erecting or maintaining telephone poles and wires along the south side of Park avenue and the north side of Hill street, in…
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Appeal from the Circuit Court of the United States for the Western District of Kentucky. This is an appeal from an order of the circuit court granting a preliminary injunction in a suit in equity brought by the Cumberland Telephone & Telegraph Company against the Louisville Home Telephone Company for the purpose of restraining the latter company from erecting or maintaining telephone poles and wires along the south side of Park avenue and the north side of Hill street, in the city of Louisville, within the limits of the space occupied by the complainant. 110 Fed. 593. The bill alleged that…
1Opinion of the CourtSeverens, Circuit Judge
This being an appeal from an interlocutory injunction, we are required, in making our determination, to recognize the rule, which we have announced and applied in several previous cases, that we should not disturb the order unless the lower court has manifestly fallen into' some mistake of law or fact material to its decision. Garrett v. T. H. Garrett & Co., 24 C. C. A. 173, 78 Fed. 472; Proctor & Gamble Co. v. Globe Refining Co., 34 C. C. A. 405, 92 Fed. 357; Thomas G. Plant Co. v. May Co., 44 C. C. A. 534, 105 Fed. 375, 379. The circuit court appears to have accepted as correct the…
2Cases cited8 opinions
- Blount v. Societe Anonyme Du Filtre Chamberland Systeme PasteurCourt of Appeals for the Sixth Circuit · 1892
- Garrett v. T. H. Garrett & Co.Court of Appeals for the Sixth Circuit · 1896
- Commonwealth v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Proctor & Gamble Co. v. Globe Refining Co.Court of Appeals for the Sixth Circuit · 1899
- Cumberland Telephone & Telegraph Co. v. United Electric Ry. Co.U.S. Circuit Court for the District of Middle Tennessee · 1890
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3Cited by5 opinions
- Grainger v. Douglas Park Jockey ClubCourt of Appeals for the Sixth Circuit · 1906
- City of Grand Rapids v. Warren Bros.Court of Appeals for the Sixth Circuit · 1912
- Ganz v. Ohio Postal Telegraph Cable Co.Court of Appeals for the Sixth Circuit · 1905
- Fulton Light, Heat & Power Co. v. Oswego River Power Transmission Co.New York Supreme Court · 1911
- Gwinn v. Iron Belt Building & Loan Ass'nU.S. Circuit Court for the District of Western New York · 1904