City of Rochester v. Bell Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Bell Telephone Company of Buffalo, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 31st day of January, 1900, denying its motion to vacate an injunction pendente lite.
1Opinion of the Court
McLennan, J.:
The action was begun on the 24th day of November, 1899, to obtain a judgment perpetually enjoining the defendant from constructing a conduit or subway in Oxford street in the city of Rochester, N. Y., in which to place its telephone wires, and from in any manner interfering with §aid street for that purpose.
The complaint alleges in substance that the defendant is a domestic telephone corporation, engaged in the telephone business in the city of Rochester since the year 1880, under and in pursuance of the general laws of the State, and of a franchise or permission *7granted to it by…
2Cases cited4 opinions
- People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
- American Rapid Telegraph Co. v. HessNew York Court of Appeals · 1891
- Barhite v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Delaware, Lackawanna & Western Railroad v. City of BuffaloNew York Supreme Court · 1892
3Cited by10 opinions
- City of Tulsa v. Southwestern Bell Telephone Co.Court of Appeals for the Tenth Circuit · 1935
- City of Wichita v. Old Colony Trust Co.Court of Appeals for the Eighth Circuit · 1904
- Iowa Telephone Co. v. City of KeokukDistrict Court, S.D. Iowa · 1915
- New Union Telephone Co. v. MarshAppellate Division of the Supreme Court of the State of New York · 1904
- American Telephone & Telegraph Co. v. Secretary of StateMichigan Supreme Court · 1909
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