Legal Opinion

Pacific Telephone & Telegraph Co. v. Wright-Dickinson Hotel Co.

District Court, D. Oregon

Decided May 4, 1914No. 6248PublishedCited by 12 opinions

In Equity. Suit by the Pacific Telephone & Telegraph Company against the Wright-Dickinson Hotel Company and others. On application for an interlocutory injunction.

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In Equity. Suit by the Pacific Telephone & Telegraph Company against the Wright-Dickinson Hotel Company and others. On application for an interlocutory injunction. The plaintiff, the Pacific Telephone and Telegraph Company, hereinafter to be called the “Pacific Company,” owns and operates telephone and telegraph lines in a number of the Pacific Coast states, including California, Oregon, and Washington, and it also owns and operates a telephone system in the city of Portland. It is a common carrier for hire, and transacts its business partly through local exchanges, including Portland, and…

1Opinion of the CourtWoeverton, District Judge

(after stating the facts as above). [1] Two questions of vital concern are presented by the controversy. The first is whether the Oregon Railroad Commission is authorized and empowered to impose regulation upon telephone and telegraph utilities in the way of requiring physical connection between two or more competing lines, and an exchange of service, over such lines; and the second, whether such requirement is the exercise of eminent domain and the taking of property without just compensation, or the taking of property without due process of law, contrary to the inhibition of the federal…

2Cases cited5 opinions

  1. Pacific Telephone Etc. Co. v. EshlemanCalifornia Supreme Court · 1913
  2. Wisconsin, Minnesota & Pacific Railroad v. JacobsonSupreme Court of the United States · 1900
  3. Grand Trunk Railway Co. v. Michigan Railroad CommissionSupreme Court of the United States · 1913
  4. Jacobson v. Wisconsin, Minnesota & Pacifc RailroadSupreme Court of Minnesota · 1898
  5. Pioneer Telephone & Telegraph Co. v. StateSupreme Court of Oklahoma · 1913

3Cited by12 opinions

  1. Idaho Power & Light Co. v. BlomquistIdaho Supreme Court · 1914
  2. Neil v. Public Utilities CommissionIdaho Supreme Court · 1919
  3. Wisconsin Telephone Co. v. Railroad CommissionWisconsin Supreme Court · 1916
  4. Gilman v. Somerset Farmers Co-Operative Telephone Co.Supreme Judicial Court of Maine · 1930
  5. State ex rel. Public Service Commission v. Skagit River Telephone & Telegraph Co.Washington Supreme Court · 1915

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