This case is presented on an agreed statement of facts. In 1896, the Common Council of the City of Binghamton adopted a resolution granting to plaintiff's predecessor, its successors and assigns, permission to construct, maintain and operate subways for transmission lines through the city streets. In return plaintiff's predecessor agreed to furnish "city departments" with free or half-rate telephone service. From 1896 telephone service was provided at one half the standard...
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