Mitchell v. Southern New England Telephone Co.
Supreme Court of Connecticut
Action to restrain the defendant from using a telephone line in front of the plaintiff’s premises which was alleged to have been constructed without legal authority and without payment to the plaintiff for the taking of his property, and also for a mandatory injunction requiring the defendant to remove such line, and for $100 damages, brought to the Superior Court in Hartford County, where the defendant’s demurrer to the complaint was sustained (Burpee, J.) and, upon refusal…
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Action to restrain the defendant from using a telephone line in front of the plaintiff’s premises which was alleged to have been constructed without legal authority and without payment to the plaintiff for the taking of his property, and also for a mandatory injunction requiring the defendant to remove such line, and for $100 damages, brought to the Superior Court in Hartford County, where the defendant’s demurrer to the complaint was sustained (Burpee, J.) and, upon refusal of the plaintiff to amend his complaint, judgment was rendered for the defendant, from which the plaintiff appealed.…
1Opinion of the CourtPrentice, C. J.
The Southern New England Telephone Company is the only defendant. The allegations of the complaint that the American Telephone and Telegraph Company were and are participating in the wrongful acts charged against the defendant, or were and are engaged in acts similar in kind to the defendant’s, are wholly immaterial, in the absence of an averment of some relation between them, and they have no rightful place in it. It should be read as charging the defendant with the acts complained of as wrongful.
The acts thus complained of are that it has constructed and is utilizing, for the transmission…
2Cases cited5 opinions
- Company for Erecting & Supporting a Toll Bridge v. Connecticut River Co.Supreme Court of Connecticut · 1828
- Whittlesey v. Hartford, Providence & Fishkill RailroadSupreme Court of Connecticut · 1855
- Fisk v. City of HartfordSupreme Court of Connecticut · 1898
- Appeal of New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1908
- Hawley v. BeardsleySupreme Court of Connecticut · 1880
3Cited by11 opinions
- Adams v. Greenwich Water Co.Supreme Court of Connecticut · 1951
- Stocker v. City of WaterburySupreme Court of Connecticut · 1967
- Southern New England Ice Co. v. Town of West HartfordSupreme Court of Connecticut · 1932
- Gerald Park Improvement Assn. v. BiniSupreme Court of Connecticut · 1951
- Gage v. SchavoirSupreme Court of Connecticut · 1924
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