119 Ky. 33 | Ky. Ct. App. | 1904
Opinion of the cottrt by
Affirming.
Appellant instituted this action against appellee, and alleged, in substance, that it was a corporation organized and existing under the laws of the State of Kentucky for the purpose of owning, constructing, using, and maintaining electric telephone wires and exchange within the city of Mays-ville; that it was authorized to transact and perforin this work and service by an ordinance passed by the city council, and that prior to the institution of this action, and'at that time, appellee was engaged in the business, having established an exchange from which connections were made to telephone instruments in offices, places of business, and residences, of its subscribers; and then continued as follows: “That whenever a person desires a telephone it is placed in the office, residence, or place of business of the applicant, at the ex
It is conceded by appellee’s counsel that appellee is a common carrier, a public service corporation, and, as such, is subject to tin.1 laws governing and controlling such corporations. It is self-evident that a corporation engaged in a business affected by a public interest may prescribe reasonable rules and charges for conducting its business.. And when the charges are not fixed by legislative enactment (as in the case at bar) the charges may be fixed by the corporation, and
For these reasons the judgment of the lower court is affirmed.
Petition for rehearing by appellant overruled.