Legal Opinion

State Ex Rel. Gwynn v. Citizens' Telephone Co.

Supreme Court of South Carolina

Decided July 12, 1901PublishedCited by 20 opinions

Before Buchanan, J., Spartanburg, March, 1900. Petition by J. B. Gwynn for mandamus against Citizens Telephone Co., requiring it to place a telephone in his store and in-his residence.- From order refusing the writ, petitioner appeals. cites: Telephones are common carriers (a) under the common law: 52 Am. R., 404; 8 Am. & Eng. Corp. Ca., 1; 48 Am.

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Before Buchanan, J., Spartanburg, March, 1900. Petition by J. B. Gwynn for mandamus against Citizens Telephone Co., requiring it to place a telephone in his store and in-his residence.- From order refusing the writ, petitioner appeals. cites: Telephones are common carriers (a) under the common law: 52 Am. R., 404; 8 Am. & Eng. Corp. Ca., 1; 48 Am. St. R., 734; 19 S. C., 355; 6 Ency., 524; 8 Ency., 588, 612; (b) under Constitution and statutes of this State: Acts 1899, p. 61; Con., art. IX., sec. 3. Obligations as common carriers (a) under the common law: 19 S. C., 364; 22 Wall, 129; 16 Wall.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

This was an application, addressed to the Circuit Court, for a writ of mandamus, requiring the respondent to place a telephone in the relator’s grocery store and one in his residence, in the city of Spartanburg, and to connect them properly with its exchange and its subscribers, and to do all acts necessary to afford the relator the like service and telephonic communication afforded to its other subscribers. The application was refused by the Circuit Judge, and the relator appealed to this Court on'the several grounds set out…

2Cases cited2 opinions

  1. Chesapeake & Potomac Telephone Co. v. Baltimore & Ohio Telegraph Co.Court of Appeals of Maryland · 1887
  2. State ex rel. Webster v. Nebraska Telephone Co.Nebraska Supreme Court · 1885

3Cited by20 opinions

  1. Rogers Ex Rel. Rogers v. Florence Printing Co.Supreme Court of South Carolina · 1958
  2. Central of Georgia Railway Co. v. Woolfolk Chemical Works, Ltd.Court of Appeals of Georgia · 1970
  3. State ex rel. Goodwine v. CadwalladerIndiana Supreme Court · 1909
  4. Carson v. Southern Ry.Supreme Court of South Carolina · 1903
  5. Western Union Telegraph Co. v. State ex rel. Hammond Elevator Co.Indiana Supreme Court · 1905

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