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186 COURT OF APPEALS PI
-
Utilities Comm. v. Telegraph Co.
Edward B. Hipp and Robert li'. Page for plaintiff appellees,
North Carolina Utilities Commission.
Bailey, Dixon, Wooten, McDonald & Fountain by J. R u f f i n
Bailey for plaintiff appellees, E. A. lWddle, et al.
Joynel* & Howison by R. C. Howison, Jr., for defendant
appellant Southern Bell Telephone and Telegraph Company.
Boyce, Mitchell, Burns & Smith by F. Kent Burns and Ross
Hardies, O'Keefe, Babcock & Parsons bv Donald W. Glaves for
defendant appellant Central Teleph,one Company.
HEDRICK, Judge.
The single issue presented by this appeal is whether the
Utilities Commission was correct in ordering Southern Bell to
provide telephone service to individuals who reside in an area
which is presently served by Central Telephone Company. The
order in the instant case requiring Southern Bell to render tele-phone
service to the complainants was founded upon G.S. 62-42
which reads as follows :
"G.S. 62-42. Compelling efficient service, extensions of
services and facilities, additions and improvements.- (a)
Whenever the Commission, after notice and hearing had
upon its own motion or upon complaint, finds:
(1) That the service of any public utility is inadequate,
insufficient or unreasonably discriminatory, or
(2) That persons are not served who may reasonably
be served, or
(3) That additions, extensions, repairs or improve-ments
to, or changes in, the existing plant, equipment,
apparatus, facilities or other physical property of any
public utility, of any two or more public utilities ought
reasonably to be made, or
(4) That it is reasonable and proper that new struc-tures
should be erected to promote the security or con-venience
or safety of its patrons, employees and the
public, or
(5) That any other act is necessary to secure reason-ably
adequate service or facilities and reasonably and
Object Description
| Title | North Carolina Court of Appeals Reports [v.021, March 6, 1974 - June 5, 1974] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 21, March 6, 1974 - June 5, 1974. Cited as 21 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 31.9 MB; 832 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_021.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 214 |
| Full Text | 186 COURT OF APPEALS PI - Utilities Comm. v. Telegraph Co. Edward B. Hipp and Robert li'. Page for plaintiff appellees, North Carolina Utilities Commission. Bailey, Dixon, Wooten, McDonald & Fountain by J. R u f f i n Bailey for plaintiff appellees, E. A. lWddle, et al. Joynel* & Howison by R. C. Howison, Jr., for defendant appellant Southern Bell Telephone and Telegraph Company. Boyce, Mitchell, Burns & Smith by F. Kent Burns and Ross Hardies, O'Keefe, Babcock & Parsons bv Donald W. Glaves for defendant appellant Central Teleph,one Company. HEDRICK, Judge. The single issue presented by this appeal is whether the Utilities Commission was correct in ordering Southern Bell to provide telephone service to individuals who reside in an area which is presently served by Central Telephone Company. The order in the instant case requiring Southern Bell to render tele-phone service to the complainants was founded upon G.S. 62-42 which reads as follows : "G.S. 62-42. Compelling efficient service, extensions of services and facilities, additions and improvements.- (a) Whenever the Commission, after notice and hearing had upon its own motion or upon complaint, finds: (1) That the service of any public utility is inadequate, insufficient or unreasonably discriminatory, or (2) That persons are not served who may reasonably be served, or (3) That additions, extensions, repairs or improve-ments to, or changes in, the existing plant, equipment, apparatus, facilities or other physical property of any public utility, of any two or more public utilities ought reasonably to be made, or (4) That it is reasonable and proper that new struc-tures should be erected to promote the security or con-venience or safety of its patrons, employees and the public, or (5) That any other act is necessary to secure reason-ably adequate service or facilities and reasonably and |
