Crouch v. Arnett

Citations

• 71 Kan. 49
• 79 P. 1086
• 1905 Kan. LEXIS 87

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Telephone Companies — Removal of Instrument by Company— Mandamus Denied. In a proceeding in mandamus brought by a subscriber of a telephone exchange to compel the telephone company to replace in his residence a telephone instrument removed by it the proof showed that “the subscriber resided outside of a city, but near the limits, in which the telephone company carried on a large part of its business, and in which its exchange was located; that the company supplied manufactories outside the city and four residences, whose owners, however, paid for their own lines and poles. It was a disputed question of fact whether, in removing the instrument, a discrimination was practiced on the subscriber — a right infringed which he enjoyed in common with others similarly situated. Held, that a general finding and judgment of the trial court against the plaintiff will not be disturbed.</p>