Farmer v. Columbiana County Telephone Co.

Citations

• 72 Ohio St. (N.S.) 526

Syllabus

<p>Telephone companies obtain power — To construct lines, etc., from sections 8454-8471-8, Revised Statutes — Powers of municipal authorities in reference to telephone companies, defined — 1 Question of free service for city or citizens — City ordinance to receive free compensation not effective, when.</p> <p>Telephone companies organized in this state obtain power to construct their lines along the streets and public ways of municipal corporations from the state by virtue of sections of the Revised Statutes, 3454 to 3471-8, inclusive, and not from the municipal authorities. The latter have the power, under section 3461, to agree with such'companies as to the mode of use, and upon compensation for such use, but not beyond what may be necessary to restore the streets to former state of usefulness. They have not power to exact or receive compensation by way of free telephone service for themselves or for citizens, or to fix rates for telephone charges. Where such power to so obtain free service and fix rates is attempted to be exercised by the passage of an ordinance incorporating such provisions, the company will not be required to adhere to them by a court of equity by mandatory injunction, even though it be shown that the rates agreed upon and incorporated in the ordinance were so fixed at the solicitation of the company and that the company thereby obtained a benefit which it would not have otherwise obtained in a mode of use of the streets more beneficial to it and more inconvenient to the public.</p>