Gwynn v. Citizens' Telephone Co.
Supreme Court of South Carolina
Before Buci-ianan, J., Spartanburg, January, 1904. Action by J. B. Gwynn against Citizens’ Telephone Co. From judgment for plaintiff, defendant appeals. cite: Journal of constitutional convention may be referred to in construing Constitution: 8 Cyc., 7401; 52 S. C., 217; 4 Ell. on R. R., sec. 1616. What contracts are void as against public policy: 2 Pom. Eq.
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Before Buci-ianan, J., Spartanburg, January, 1904. Action by J. B. Gwynn against Citizens’ Telephone Co. From judgment for plaintiff, defendant appeals. cite: Journal of constitutional convention may be referred to in construing Constitution: 8 Cyc., 7401; 52 S. C., 217; 4 Ell. on R. R., sec. 1616. What contracts are void as against public policy: 2 Pom. Eq. Jur., sec. 934; 30 S. C., 418; 139 U. S., 79. What acts subject party to exemplary damages? 2 Suth. on Dam., 1093; Thomas on Neg., 476; 29 S. C., 271; 62 S. C., 270; 64 S. C., 423; 16 Ency., 1 ed., 392, 395; 54 S, C., 507; 60 S. C., 75 ;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The complaint alleges that on or about the 8th day of February, 1900, the plaintiff applied to and demanded from' the defendant the use of the Citizens’ Telephone in plaintiff’s store in said city and for proper connections with all of defendant’s subscribers, but that the defendant negligently and wilfully failed and refused plaintiff the use of said telephone unless plaintiff would consent to a prohibition against the joint use of the Bell telephone of the Southern Bell Telephone and Telegraph Company, which prohibition plaintiff…
2Cases cited4 opinions
- Fowle v. ParkSupreme Court of the United States · 1889
- State Ex Rel. Gwynn v. Citizens' Telephone Co.Supreme Court of South Carolina · 1901
- Kibler v. Southern Ry.Supreme Court of South Carolina · 1902
- Fort v. Southern Ry.Supreme Court of South Carolina · 1902
3Cited by23 opinions
- Central of Georgia Railway Co. v. Woolfolk Chemical Works, Ltd.Court of Appeals of Georgia · 1970
- Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance Company v. Mrs. Myrtle Louise ThorntonCourt of Appeals for the Fourth Circuit · 1957
- Gilbert v. Duke Power Co.Supreme Court of South Carolina · 1971
- Galloway v. General Motors Acceptance CorporationCourt of Appeals for the Fourth Circuit · 1939
- State v. BaileySupreme Court of South Carolina · 1969
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