Smith v. Southern Bell Telephone & Telegraph Co.

Opinion op the Court by

Judge Baird

Affirming.

AY. Tanlbee Smith, circuit court clerk of Pike county, Ky., sued the Southern Bell Telephone & Telegraph ¡Company, doing busines in Pikeville, Pike county, Ky., to compel it to furnish service to his public office in the-following manner:

“ (1) Telephone service confined to Pikeville exchange, with no toll calls either inbound or outbound, or

“(2) Both exchange and toll service, — (exempting him, however, from liability for tolls on inbound or outbound calls unless the Telephone Company shall first make sure that plantiff consents, to pay-tolls on…