Southwestern Telegraph & Telephone Co. v. Garrigan
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fullc, Judge; Before a person can recover a penalty under the statute, he must show a wilful and intentional discrimination or refusal of service. Acts 1885, p. 176; 76 Ark. 124; 100 Ark. 546. The testimony shows a wilful discrimination or refusal of service. A telephone company can not refuse service to a subscriber until he pays a debt contracted for services rendered in the past. 94 Ark. 533; 29 Ark. Law Rep. 757.
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by P. H. Garrigan against the Southwestern Telegraph & Telephone Company to recover the sum of $100.00 as statutory penalty for alleged discrimination in failing or refusing to furnish telephone service for a period of one day.
Defendant appeals from a judgment of the court rendered upon an instructed verdict.
The question presented, .therefore, is whether the undisputed facts establish discrimination against the plaintiff so as to warrant the recovery of the statutory penalty.
The plaintiff resides in the city of Little Rock, and has been one of defendant’s…
2Cases cited1 opinion
- Yancey v. Batesville Telephone Co.Supreme Court of Arkansas · 1907
3Cited by2 opinions
- Hill v. Southwestern Telegraph & Telephone Co.Supreme Court of Arkansas · 1915
- Rice Belt Telephone Co. v. MalcombSupreme Court of Arkansas · 1917