Bess v. Citizens Telephone Co.

This is a proceeding to recover a penalty under Section 10136, Revised Statutes 1919. The plaintiff was E. H. Bess, and the defendants were Citizens Telephone Company, a corporation, and the Southwestern Bell Telephone Company, a corporation. From a judgment of nine hundred dollars in favor of plaintiff, the defendants prosecute separate appeals. The first count of’ the petition, omitting formal parts, is as follows:

“For his cause of action against the defendants, the plaintiff states and avers that on the third day of February, 1922, he tendered to defendants, at their said office in…