Mutual Telephone Co. v. Nippu Jiji Co.

Citations

• 24 Haw. 156

Syllabus

<p>Equity — dismissal of bill — practice.</p> <p>It Is not correct practice to dismiss a bill in equity for want of equity in the bill, on motion of the respondent after answer filed unless the respondent admits the truth of all the facts averred in the bill and submits the case without leave to offer evidence in the event that his motion shall be denied.</p> <p>Telegraphs and Telephones — right of telephone company to equitable relief against interference with its business.</p> <p>A bill for an injunction filed by a public telephone company which shows, in substance, that the company, in performance of its duty to give good and efficient service, furnishes to its subscribers, for their convenience and information, a directory giving the names and numbers of all its subscribers, and a special directory in the Japanese language for the use of subscribers of Japanese nationality; that the company has endeavored to properly fulfil its duty in the premises, but that such duty cannot be effectively performed unless it has control of the publication and distribution of such directories to the end that their accuracy may be verified; that the respondent has published and is circulating a directory in the Japanese language which is inaccurate and incomplete and contains the names of persons who are not subscribers to the complainant’s telephone system, and which causes much trouble and annoyance to the company and its subscribers; and that in publishing the names of non-subscribers who may be reached by calling up certain telephone numbers the respondent causes an increase in the volume of the company’s operations and at the same time deprives the company of a certain amount of revenue which it is entitled to receive, states a case entitling the complainant to relief in equity.</p>