Southwestern Bell Telephone Co. v. Hutton

Smith, J.. Appellee sued to recover the statutory-penalty provided for in § 14261, Pope’s Digest, alleging discrimination against him hy the appellant telephone company, hereinafter referred to as the company. He recovered a judgment, from which is this appeal.

Appellee operates a cafe in the city of Fayetteville called Bed Bird Dinette. On and prior' to May 26, 1939, appellee had in his place of business a coin box telephone, the use of which-could be availed of only by depositing five cents, and anyone making that deposit could use the telephone, and such use by the public was invited. On…