City of Jamestown v. Home Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Home Telephone Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 6th day of April, 1907, upon the decision of the court, rendered after a trial at the Chautauqua Special Term, overruling the defendant’s demurrer to the complaint, interposed on the ground that the complaint fails to state facts sufficient to constitute a cause of action.
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Appeal by the defendant, the Home Telephone Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 6th day of April, 1907, upon the decision of the court, rendered after a trial at the Chautauqua Special Term, overruling the defendant’s demurrer to the complaint, interposed on the ground that the complaint fails to state facts sufficient to constitute a cause of action. The action was commenced on the 12th day of October, 1906, to recover certain percentages of the gross earnings of the…
1Opinion of the Court
McLennan, P. J.:
The plaintiff is a municipal corporation, created by chapter 84 of the Laws of 1886.
Subdivision 46 of section 9 of title 3 of said act, which constitutes the plaintiff’s charter, provides that the common council of the plaintiff shall have power “ To prevent or regulate the setting and stringing of telegraph and telephone-poles and wires in said city.”
The defendant is a domestic corporation, organized and existing under and by virtue of chapter 566 of the Laws of 1890, known as the “ Transportation Corporations'Law.”
*3On the 17th day of June, 1901, the plaintiff, by resolution…
2Cases cited5 opinions
- Buffalo Cemetery Assn. v. . City of BuffaloNew York Court of Appeals · 1889
- Village of Carthage v. Central New York Telephone & Telegraph Co.New York Court of Appeals · 1906
- Aldinger v. PughNew York Supreme Court · 1890
- Parker v. Elmira, Cortland & Northern RailroadNew York Court of Appeals · 1901
- Wright v. Glen Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by7 opinions
- City of Mitchell v. Dakota Central Telephone Co.South Dakota Supreme Court · 1910
- Rochester Telephone Co. v. RossAppellate Division of the Supreme Court of the State of New York · 1908
- Nashville Gas & Heating Co. v. City of NashvilleTennessee Supreme Court · 1941
- Marjohn Realty Co. v. City of Long BeachNew York Supreme Court · 1924
- Marfisi v. Wilson & Co.Buffalo City Court · 1911
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