Camp Rincon Resort Co. v. Eshleman

SLOSS, J.

Camp Rincon Resort Company, one of the petitioners, conducts a camp for the entertainment of the public, at a point in the San Gabriel Canyon, some thirteen miles from the mouth of the canyon. Follows, the other petitioner, conducts a similar camp on the other fork of the canyon. The two petitioners are the joint owners of a telephone line extending from their respective camps to the mouth of the canyon, where the line connects with the main line of the Home Telephone Company. The petitioners’ line was used for their own accommodation, and was open to the use of persons sojourning at the two camps. Messages could be sent to an exchange of the Home Telephone Company and through this exchange to the various points on the lines of that company. The petitioners collected, from persons staying at their camps and using the telephone line, a charge of ten cents in addition to the regular long-distance toll of the Home Telephone Company for any connection made through its exchange.- Of the ten cents, one-half was paid to the Home Telephone Company and the other half was retained by the petitioners, respectively.

Cold Brook Camp Company operates a like public camp in the San Gabriel Canyon, some seven miles above Camp Rincon. In. 1913 it built a telephone line from its line to Camp Rincon, where its line was connected with that of the peti

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tioners. This connection was made pursuant to an agreement, under which one hundred dollars was to he paid to the petitioners for the use of their line during the year ending June 30, 1914. During that year Cold Brook Camp Company and the members of the public residing at its camp used the telephone line of the petitioners in connection with that of the Cold Brook Camp Company. The agreed sum was paid. The connection continued for' some months after June 30, 1914, no agreement having been arrived at for the compensation to be paid during the second year. In September, 1914, the petitioners disconnected the line of the Cold Brook Camp Company, whereupon that company filed a complaint with the Railroad Commission, asking that the petitioners be directed to reconnect the line upon the payment of a compensation to be fixed by the commission. The commission made an order directing such connection to be made on the payment by the Cold Brook Camp Company of fifty dollars per year. It is this order which is now under' review.