Northern Indiana & Southern Michigan Tel. & Cable Co. v. People's Mut. Tel. Co. of La Grange

• Decision Date: 14 January 1916
• Docket Number: No. 22776.,22776.
• Citation: 111 N.E. 4,184 Ind. 267
• Court: Indiana Supreme Court
• Parties: NORTHERN INDIANA & SOUTHERN MICHIGAN TELEGRAPH & CABLE CO. v. PEOPLE'S MUT. TELEPHONE CO. OF LA GRANGE et al.

184 Ind. 267

111 N.E. 4

NORTHERN INDIANA & SOUTHERN MICHIGAN TELEGRAPH & CABLE CO.

v.PEOPLE'S MUT. TELEPHONE CO. OF LA GRANGE et al.

No. 22776.

Supreme Court of Indiana.

Jan. 14, 1916.

Appeal from Circuit Court, La Grange County; James S. Drake, Judge.

Action by the Northern Indiana & Southern Michigan Telegraph & Cable Company against the People's Mutual Telephone Company of La Grange and others, to vacate and enjoin an order of the Public Service Commission. From an adverse judgment, plaintiff appeals. Appeal dismissed.

T. E. Ellison, of Ft. Wayne, and Hanan, Watson & Hanan, of La Grange, for appellant. L. A. Foster and F. J. Dunten, both of La Grange, for appellees.

COX, J.

A comprehensive act was passed by the General Assembly in 1913 concerning public utilities and creating a Public Service Commission. Acts 1913, p. 167, § 10052a et seq., Burns 1914. Section 8 of this act provides, among other things, that every public utility for the conveyance of telephone messages shall permit a physical connection to be made and telephone service to be furnished between its toll lines and the telephone system of another such public utility whenever public convenience and necessity require such physical connection and when it will not result in irreparable injury to the owner or users of the facilities of such utilities nor in any substantial detriment to the service to be rendered by them. It is also provided that, if the utilities fail to agree to the connection, or the terms and conditions, application therefor may be made to the commission which is authorized to order the connection and fix the terms and conditions. The action of the commission is made subject to review by the courts as provided in sections 78 to 86, inclusive, of the act.

Section 78 provides that any public utility and any person or corporation in interest being dissatisfied with any order of the commission fixing any rates, etc., or any regulation, practice, act, or service, may commence an action in the circuit or superior court of any county in which such order is operative against the commission as defendant to vacate or set it aside or enjoin its enforcement. By the provisions of the next following section the action must be begun within 60 days of the entry or rendition of the order. Section 83 provides for an appeal to this court from the judgment of the circuit or superior court.

Pursuant to and under the provisions of section 8, supra, appellee the People's Mutual Telephone Company, which then maintained telephone lines in and around La Grange and an exchange in that town, filed its petition with appellee the Public Service Commission, for an order of physical connection of its lines with the long distance toll line of the Home Telephone Company of Ft. Wayne, which ran through La Grange, and in which appellant had certain contract rights. Appellant was notified by the Home Company of the petition, appeared before the commission, and upon leave granted was made a party and opposed the petition of the People's Company. As a result of the hearing before the commission, the petition of the People's Company was granted and the physical connection asked was ordered. Subsequently, under the provisions of section 78, supra, appellant filed its complaint in the La Grange circuit court to vacate and to set aside the order and enjoin the enforcement of it. The Public Service Commission, the People's Company, and the Home Company, were all made parties defendant to this action and served with summons to appear and answer. The commission and People's Company appeared and...