Rough River Telephone Co. v. Cumberland Telephone & Telegraph Co.
Court of Appeals of Kentucky
Case 58 — Action by Cumberland Telephone & Telegraph Co. Against the Rough River Telephone Co. for an Injunction.— APPEAL FROM OHIO CIRCUIT COURT — W. T. OWEN, CIRCUIT JUDGE. JUDGMENT FOR PLAINTIFF. ' DEFENDANT APPEALS. POINTS CONTENDED FOR. 1. Injunction does not lie where the injury complained of is trifling or inconsequential.
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Case 58 — Action by Cumberland Telephone & Telegraph Co. Against the Rough River Telephone Co. for an Injunction.— APPEAL FROM OHIO CIRCUIT COURT — W. T. OWEN, CIRCUIT JUDGE. JUDGMENT FOR PLAINTIFF. ' DEFENDANT APPEALS. POINTS CONTENDED FOR. 1. Injunction does not lie where the injury complained of is trifling or inconsequential. And where the injury can he measured in damages and the full aDd adequate remedy had at law, the court will not award injunction. 2. A telephone company occupying the public streets of a town, or city is an additional burden upon the streets, and even where it enjoys…
1Opinion of the Court
Opinion of the court by
JUDGE BARKER
Reversing.
The appellee, a corporation, was operating a telephone line ov.er and along one of the public streets of Hartford, Ky., a city of the' sixth class. The appellant, also a corporation, in placing. poles along the same street for the purpose of erecting a telephone line, so stationed one of the poles, in the language of the petition, “that it displaces plaintiff’s wires, and jams and bunches them together, so that plaintiff’s exchange and system of telephone are greatly disarranged, and their service greatly hindered, and rendered worthless to many of…
2Cases cited1 opinion
- East Tennessee Telephone Co. v. Anderson County Telephone Co.Court of Appeals of Kentucky · 1903
3Cited by7 opinions
- Cumberland Telephone & Telegraph Co. v. City of CalhounCourt of Appeals of Kentucky · 1912
- Merchants Police & Dist. Telegraph Co. v. Citizens Telephone Co.Court of Appeals of Kentucky · 1906
- Christian-Todd Telephone Co. v. CommonwealthCourt of Appeals of Kentucky · 1913
- Rural Home Tel'p Co. v. Ky. & Ind. Tel'p Co.Court of Appeals of Kentucky · 1908
- Shugars v. HamiltonCourt of Appeals of Kentucky · 1906
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