The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-09-16
WAR BETWEEN
HELLO FOLKS
MoFFETT ENJoINED ~ BILL.
lNes TELEPHONE COMPANY.
CAUSE OF The DIFFICULTY
Plaintiff Alleges That in Building His
Line Defendant lnterferes
With It's Service.

With It's Service.
From Saturdays Daily Gazette.
The first open rupture between the
old telephone company and the new
occurred today, when the first men
toned appealed to the district court
for an enjoining order directed
against it's rival, in which it was sue
cessful.
The title of the action is the Bill
ings Telephone company VS.. L. l..
Moffett and E. M. Hungerford and the
case was instituted for the purpose
of estopping the defendants from in
terfering with the service and system
of the plaintiff.
In its prayer the plaintiff alleges
that October 8. 1894, the city of Bill
ings, through it's mayor and city coun-
Gil, granted to e. M. Hungerford a
15-year franchise for the construc-
ton and maintenance Of a local tele.
phone system within the corporate
limits of the city, appendant thereto
being the customary privilege OF erect
ing poles and stringing wires in any
of the public streets, alleys and W
nues; that he did so construct and
maintain such system and subsequent.
ly, but prior to the commencement of
the present action, sold his rights and
plant to the plaintiff. Continuing
the complaint sets out that July Is,
1902, the city council Of Billings adopt
ed an ordinance granting to L. L..
Moffett a franchise for constructing
and operating a local telephone ex-
change; that such ordinance was .ap-
proved July 81, 1902, and that in ac-
cordance with it's provisions Moffett,
during the latter part of last August
began to construct his, system; that
during the past five or six days i'm
mediately preceding the institution
Of the action his agents carelessly
and negligently carried on the work
Of construction and allowed. large
numbers of wires they were stringing
to lie upon and across the wires and
lines of the plaintiff, thereby greatly
damaging and interfering with the
plaintiffs system and prevents it
from giving to it's subscribers the eff.
ficient service to which they are en-
titled.
Is Beyond Compensation.
The complaint further alleges that
the plaintiff has repeatedly requested
the agents to cease such interference.
but that they have paid no heed to
such requests and still continue their
interference. No pecuniary damage
would be adequate compensation to
the plaintiff for the interference, and
that it would be impossible to esti-
mate the damage the plaintiff has al
ready sustained and will suffer un-
less the defendants are restrained
from further interference. Because
of the poor and unsatisfactory service,
says the complaint, they are receiv-
ing owing to the interference of the
defendants, plaintiffs subscribers are
holding it responsible and will not
and cannot be informed that the
same was caused by the careless and
negligent acts of the agents of the
defendants.
L. L, Moffett is out of the city a
great portion of the time, the com
plant continues to allege, and E. NJ.
Hungerford is superintendent and
foreman Of construction and has full
charge of the work which Moffett is
doing.
For the reasons set forth the com
plant demands judgment against the
defendants their associates, II
sellers, attorneys, solicitors, agents, di-
rectors, servants and employees and
all persons acting for them and that
such judgment be an order from the
court restraining them from placing
any wire or wires or other metallic
substance in contact with any wire.
wires, lines Dr. leads of the plaintiff
and from in any way interfering with
the conduct and management of its
system and exchange during the
tendency Of the action. AS a further
prayer the plaintiff asks that the in
junction be made permanent.
A. l.. Babcock and F. B. Connolly
are the sureties on the undertaking
of the injunction and have signed in
the sum of $500.
The Injunction Issues.
w. M. Johnston, who is plaintiffs
attorney, submitted his petition to
Judge Loud in chambers and the or
der was granted. Almost immediate
ly afterWard service was made on the