119 Ky. 470 | Ky. Ct. App. | 1905
Opinion of the court by
Reversing.
The appellee, a corporation, was operating a telephone line ov.er and along one of the public streets of Hartford, Ky., a city of the' sixth class. The appellant, also a corporation, in placing. poles along the same street for the purpose of erecting a telephone line, so stationed one of the poles, in the language of the petition, “that it displaces plaintiff’s wires, and jams and bunches them together, so that plaintiff’s exchange and system of telephone are greatly disarranged, and their service greatly hindered, and rendered worthless to many of plaintiff’s subscribers, and will result in the loss of many of plaintiff’s patrons if the wrongs complained of are allowed to be continued.” The issues being made up, the court, by final judgment, awarded a perpetual injunction in accordance with the prayer of the petition. From this judgment appellant has appealed.
In the pleadings the right of appellee (plaintiff) to operate its line over the public highway of Hartford was placed in issue, and the view we have taken of this question renders unnecessary the consideration of any other question in the case.
Section 103 of the Constitution prohibits, among other
“Special Meeting of the Board of Trustees of the Town of Hartford, Ky., Sept. 1st, 1898. The Cumberland Telephone & Telegraph Company made application for the privilege to set their posts and run their telephone lines through the streets of Hartford, Ky., which privilege was granted. Attest: W. G. Hardwick, Clerk Board of Trustees, Town of Hartford, Ky.”
It will be observed that this resolution violates the charter of the municipality in two ways: First, it was not required to lay over five days from the time it was introduced before its passage; and, second, it was passed at a special meeting of the board. It was, therefore, void, and conferred no right whatever upon appellee. East Tennessee Telephone Co. v. Anderson County Telephone Co., 57 S. W., 457, 22 Ky. Law Rep., 418; Same v. Same, 74 S. W., 218, 24 Ky. Law Rep., 2358; and Maraman v. Ohio Valley Telephone Co., 76 S. W., 398, 25 Ky. Law Rep., 784. In the second case cited, after quoting section 163 of the Constitution, the court, speaking through Chief Justice Burnam said: “‘This section of the Constitution is mandatory and
For these reasons, the judgment is reversed, with directions to dismiss the petition.