Southwestern Telegraph & Telephone Co. v. Murphy
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Evans, Judge; 1. This case should have been disposed of on the demurrer interposed by appellant.
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Appeal from Garland Circuit Court; W. H. Evans, Judge; 1. This case should have been disposed of on the demurrer interposed by appellant. The complaint was bad because the facts alleged do not constitute discrimination. 72 Ark. 478. It is demurrable also because the act relied on is invalid for the reason that it imposes the penalty only upon telephone companies or corporations and exempts from its operation persons engaged in the same business, constituting an arbitrary classification. Art. 2, §, 18 Const. Ark.; Fourteenth Amendment, § 1; 47 L. R. A. 338; 57 Id. 666; 178 Fed. 619; 65 Am. St.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, J. B. Murphy, sued the defendant, Southwestern Telegraph & Telephone Company, to recover the statutory penalty of $100 per day for alleged failure to furnish telephone service in his residence in the city of Hot-Springs, during a portion of the months of March, and June, 1908. It is alleged that the failure to furnish service covered a period of about 20 days in March and 13 days in June, but the suit is to recover penalties for only 19 days and a judgment for $1,900 was prayed. The trial jury rendered a verdict in plaintiff’s favor for $500, and defendant appealed. The…
2Cases cited1 opinion
- Yancey v. Batesville Telephone Co.Supreme Court of Arkansas · 1907
3Cited by3 opinions
- Hill v. Southwestern Telegraph & Telephone Co.Supreme Court of Arkansas · 1915
- Rice Belt Telephone Co. v. MalcombSupreme Court of Arkansas · 1917
- Southwestern Telegraph & Telephone Co. v. FendleySupreme Court of Arkansas · 1916