Buffalo Merchants' Delivery Co. v. Frontier Telephone Co.
New York Supreme Court
Action by the Buffalo Merchants’ Delivery Company against 'the Frontier Telephone Company. On application for an injunction “commanding and requiring the defendant to furnish the plaintiff with telephone service under the contract between defendant and the city of Buffalo, fixing maximum rates for telephone service upon an independent single wire, unlimited service day and night, at the rate of $48 per year, during the pendency of this action, in the place and stead of the…
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Action by the Buffalo Merchants’ Delivery Company against 'the Frontier Telephone Company. On application for an injunction “commanding and requiring the defendant to furnish the plaintiff with telephone service under the contract between defendant and the city of Buffalo, fixing maximum rates for telephone service upon an independent single wire, unlimited service day and night, at the rate of $48 per year, during the pendency of this action, in the place and stead of the service over the four-party wire” now rendered plaintiff by defendant, pursuant, as it appears from defendant’s…
1Opinion of the CourtPound, J.
It has been held in the Rochester Case that, where a telephone company voluntarily enters into a contract with the city conferring rights in the public streets and in consideration thereof fixing maximum rates for service, it recognizes the right of the city to make the same, and may not repudiate that part of its agreement limiting its telephone rates as provided in the contract, on the ground that the municipality is not authorized to make it. Rochester Telephone Co. v. Ross, 125 App. Div. 76, 109 N. Y. Supp. 381. The converse of this *863proposition is also true: Where a private citizen, for…
2Cases cited1 opinion
- Rochester Telephone Co. v. RossAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Washington ex rel. City of Seattle v. Pacific Telephone & Telegraph Co.District Court, W.D. Washington · 1924