Summary

Southwestern Telegraph Telephone Company v…

In our opinion the question must be answered in the negative. There was no intentional wrongdoing, no departure from any prescribed or known standard of action, and no reckless conduct. Some regulation establishing a mode of inducing prompt payment of the monthly rentals was necessary. It is not as if the company had been free to act or not, as it chose. It was engaged in a public service which could not be neglected. The protection of its own revenues and justice to its paying patrons required that something be done. It acted by adopting the regulation and then impartially enforcing it.
Source: Wikisource

Southwestern Telegraph Telephone Company v…

It was not doubted by the state court, but, on the contrary, was fully recognized, that the telephone company was entitled to adopt reasonable regulations respecting the conduct of its business and the terms upon which it would serve its patrons, and could enforce such regulations against any patron refusing or failing to company therewith by suspending or discontinuing the service to him during the continuance of his refusal or failure without being chargeable with discrimination or incurring any liability under the statute.
Source: Wikisource

Southwestern Telegraph Telephone Company v…

For the present services it has a right to demand no more than the rate of charge fixed for such services. It transcended its duty to the public when it demanded more.' Of course what was then said led to the rulings just stated upon the second trial. In affirming the second judgment the supreme court adhered to its prior decision, pronounced the regulation unreasonable, and held that its enforcement against the plaintiff was a discrimination against her within the meaning of the statute, and subjected the company to the penalties therein prescribed.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature