Walls v. Strickland
Supreme Court of North Carolina
Appeal from O. II. Allen, J., heard at chambers, Lee County, 8 July, 1917. This is an action for a mandamus to compel the defendants, owners of a telephone line, to install a telephone.
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Appeal from O. II. Allen, J., heard at chambers, Lee County, 8 July, 1917. This is an action for a mandamus to compel the defendants, owners of a telephone line, to install a telephone. The facts are set out in the judgment rendered, which is as follows: This cause coming on to be heard before the undersigned judge of the Superior Court, at chambers, and being heard, and it appearing that the plaintiff, more than ten days before the return date of the summons, caused summons to be served with a copy of his complaint on the defendant, and that on the return date the parties aj>peared, and the…
1Opinion of the CourtAlleN, J.
The error in the position of the defendants is in failing to distinguish between the regulation and control of telephone companies, *300which., as to individuals and corporations, are committed by statute to the Corporation Commission (Rev., sec. 1096, chap. 966, Laws 1907), whether exclusively so or not we need not say, and the refusal to perform a duty to the plaintiff, arising upon facts that are established.
If the duty exists upon the facts found, there is nothing for the Corporation Commission to hear and investigate, and it only remains for the courts to compel performance of the duty.
The…
2Cases cited5 opinions
- Chesapeake & Potomac Telephone Co. v. Baltimore & Ohio Telegraph Co.Court of Appeals of Maryland · 1887
- Godwin v. Telephone Co.Supreme Court of North Carolina · 1904
- Commercial Union Telegraph Co. v. New England Telephone & Telegraph Co.Supreme Court of Vermont · 1888
- Willinger v. German Bk. of Balto.Court of Appeals of Maryland · 1918
- Clinton-Dunn Telephone Co. v. Carolina Telephone & Telegraph Co.Supreme Court of North Carolina · 1912
3Cited by7 opinions
- Time Warner Entertainment-Advance/Newhouse Partnership v. Carteret-Craven Electric Membership Corp.Court of Appeals for the Fourth Circuit · 2007
- Belk's Department Store, Inc. v. . Guilford CountySupreme Court of North Carolina · 1943
- Horton v. Interstate Telephone & Telegraph Co.Supreme Court of North Carolina · 1932
- Public Service Co. v. . Power Co.Supreme Court of North Carolina · 1920
- R. R. v. . R. R.Supreme Court of North Carolina · 1917
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