Franklin Telegraph Co. v. Harrison

Citations

• 145 U.S. 459
• 12 S. Ct. 900
• 36 L. Ed. 776
• 1892 U.S. LEXIS 2156

Syllabus

<p>A telegraph company gave to'.H. & Co.- the right to put up at their own expense and maintain and use a wire upon the poles of the company between New York and Philadelphia, and to permit fpur other parties to use the same with priority of right, the company to have the use of the wire •when not so employed. The company agreed to keep and maintain the wire when accepted b^ it, and to bear all expenses of. batteries, etc., connected with its working and to permit such use by H. & Co. and four other persorisifor.-a period of ten ySh'rs. At the end of that time the wire was, to be the property of the company, when the company agreed “to lease-thq.same” -to H. & Co. “ for the use of themselves and such other fcrar^persons ”•■ “ for the sum of $600 per annum, payable- quarterly, and upon ¿he same terms in all other respects as if the wire had not been given up ” to the company. The wire was put up by H. & Co. and used by them and “ four other persons ” for the term of ten years without compensation, and after that at the agreed compensation. The company then notified H. & Co. that the use of the wire by H. & Co. and the four other persons had become such as to exclude the company from all use of it, which was not contemplated by the original contract, and that the agreement would be terminated by the company. H. & Co. filed their bill to restrain the company from so doing. Held,</p> <p>(1) That H. & Co. and their licensees, after the expiration of the ten years, were entitled to the same absolute use of the wire which they enjoyed before the wire was given up to the company, on payment of $600 per annum, payable quarterly;</p> <p>(2) That the facts disclosed no hardship which would justify a court of eqiiity, in the exercise of its judicial discretion, to refuse the relief asked for;</p> <p>(3) ' That the plaintiffs were entitled to §uch relief in equity.</p>