Montpelier Telephone Co. v. Montpelier Mutual Telephone Co.

Citations

• 16 Ohio N.P. (n.s.) 177
• 1914 Ohio Misc. LEXIS 124

Syllabus

<p>Telephone Companies — Operating Not for Profit Not Subject to Public Utilities Commission — Burden of Showing Character of Organisation — Permissive License to Mutual Company to Operate in a Village — Not Open to Attach by a Company Operating for Profit in Same Territory.</p> <p>1. A mutual telephone company, existing and operated as a utility but not for profit, does, not come within the jurisdiction of the state public utilities commission and may operate a plant without having first obtained a certificate of necessity.</p> <p>2. The council of a village has power to grant to such a company permissive license to enter upon the the streets and alleys for the construction and maintenance of its plant; and the fact that the ordinance in which it was attempted to grant such a permissive license was illegally passed does not afford ground for an injunction against such operation at the instance of a company operating telephone lines for profit in the same territory.</p>