Woodley v. Carolina Telephone & Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from 0. II. Allen, J., from LeNOIR. Civil action, on question of preliminary injunction, beard at chambers in the city of Kinston on 28 July, 1913. The action was brought to recover damages of defendant for severing plaintiff’s telephone connection in the city of Kin-ston and to compel defendant to .restore same.
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Appeal by defendant from 0. II. Allen, J., from LeNOIR. Civil action, on question of preliminary injunction, beard at chambers in the city of Kinston on 28 July, 1913. The action was brought to recover damages of defendant for severing plaintiff’s telephone connection in the city of Kin-ston and to compel defendant to .restore same. Defendant justified on the ground that plaintiff wrongfully refused to pay the rates monthly in advance, and plaintiff contended that the" rates were only due at the end of each month and that defendant had no lawful excuse for its conduct. The court, on the facts…
1Opinion of the CourtHoke, J.
Our decisions are to .the effect that these public-service corporations, including telegraph and telephone companies, take and hold their charters subject to the obligation of rendering services at uniform and reasonable rates and without discrimination, and further, that they have no right to make or continue in the performance of a contract “which ' renders them unable to perfprm the duties imposed upon them by their charter,” and whether such contract is evidenced by municipal ordinance or by agreement between the parties. Telegraph Co. v. Telephone Co., 159 N. C., 9; Horner v. Water Co.,…
2Cases cited4 opinions
- Griffin v. Goldsboro Water Co.Supreme Court of North Carolina · 1898
- Clinton-Dunn Telephone Co. v. Carolina Telephone & Telegraph Co.Supreme Court of North Carolina · 1912
- Horner v. Oxford Water & Electric Co.Supreme Court of North Carolina · 1910
- State ex rel. MacMahon v. Independent Telephone Co.Washington Supreme Court · 1910
3Cited by6 opinions
- Union Light, Heat & Power Co. v. MulliganCourt of Appeals of Kentucky · 1917
- Robinson v. Brotherhood of Locomotive Firemen & EngineersSupreme Court of North Carolina · 1916
- Horton v. Interstate Telephone & Telegraph Co.Supreme Court of North Carolina · 1932
- Coosa Valley Telephone Company v. MartinSupreme Court of Alabama · 1961
- Miles v. People's Telephone Co.Wisconsin Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.