Murray v. New York Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Telephone Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 3d day of July, 1913, upon the decision of the court after a trial at the Onondaga Equity Term, before the court without a jury.
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Appeal by the defendant, New York Telephone Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 3d day of July, 1913, upon the decision of the court after a trial at the Onondaga Equity Term, before the court without a jury. The judgment permanently enjoins the defendant from removing a certain telephone and discontinuing service thereto, and compels the continuance of such service at the rate specified in the judgment.
1Opinion of the Court
Lambert, J.:
This action, in equity, seeks to regulate the charge to be made by the defendant for service and the kind of service to be furnished to plaintiff over defendant’s telephone lines in the city of Syracuse. Although in form relating merely to the rights of one individual, the questions involved are of public importance.
A predecessor company of the defendant, in 1887, took a franchise or permit from the city of Syracuse for the installation, operation and maintenance of a telephone system in said city. Such grant evidences great care in its preparation, and among its many features are…
2Cases cited2 opinions
- Pennsylvania Railroad v. Puritan Coal Mining Co.Supreme Court of the United States · 1915
- Metzger v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by14 opinions
- Kovarsky v. Brooklyn Union Gas Co.New York Court of Appeals · 1938
- Matter of Leitner v. New York Telephone Co.New York Court of Appeals · 1938
- Figari v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1969
- Ten Ten Lincoln Place, Inc. v. Consolidated Edison Co.New York Supreme Court · 1947
- Van Dussen-Storto Motor Inn, Inc. v. Rochester Telephone Corp.Appellate Division of the Supreme Court of the State of New York · 1973
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