Legal Opinion

Campbellsville Tel. Co. v. Lebanon, L. & L. Telephone Co.

Court of Appeals of Kentucky

Decided May 18, 1904PublishedCited by 15 opinions

Case 30 — Action by Campbellsville Telephone Co. for Mandamus io Compel the Lebanon, Louisville & Lexington Telephone Co. to Receive Messages over Its Wires, &c. APPEAL FROM MARION CIRCUIT COURT-CHAS. PATTESO'N, CIRCUIT JUDGE. From the Jtjdgment Refusing the Writ the Plaintiff Appeals. SUMMARY.

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Case 30 — Action by Campbellsville Telephone Co. for Mandamus io Compel the Lebanon, Louisville & Lexington Telephone Co. to Receive Messages over Its Wires, &c. APPEAL FROM MARION CIRCUIT COURT-CHAS. PATTESO'N, CIRCUIT JUDGE. From the Jtjdgment Refusing the Writ the Plaintiff Appeals. SUMMARY. We submit the following propositions, to-wit: 1. The Lebanon Telephone Company is engaged in the public service and is forbidden both by general principles of law governing such service, and also by the express provision of the Constitution of the State from making discrimination in the performance of…

1Opinion of the Court

Opinion op the court by

JUDGE O’REAR

Reversing.

This is an appeal from a judgment dismissing plaintiff’s petition, which, after being amended, was still held' to state mo cause of action. From the statements of the petition it .appears that appellant, the Campbellsville Telephone Company, built an exchange at Campbellsville; that appellee, the Lebanon, Louisville & Lexington Telephone Company, built an exchange at Lebanon. These two companies agreed, to unite their lines at Phillipsburg, which was a point about midway between Campbellsville and Lebanon; the Campbellsville Company building the…

2Cases cited1 opinion

  1. Smith v. TheobaldCourt of Appeals of Kentucky · 1887

3Cited by15 opinions

  1. State ex rel. Goodwine v. CadwalladerIndiana Supreme Court · 1909
  2. Clinton-Dunn Telephone Co. v. Carolina Telephone & Telegraph Co.Supreme Court of North Carolina · 1912
  3. State ex rel. Public Service Commission v. Skagit River Telephone & Telegraph Co.Washington Supreme Court · 1915
  4. Rural Home Tel'p Co. v. Ky. & Ind. Tel'p Co.Court of Appeals of Kentucky · 1908
  5. Electric & Water Plant Board of Frankfort v. South Central Bell Telephone Co.Court of Appeals of Kentucky · 1990

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