Visalia Gas & Electric Light Co. v. Sims
California Supreme Court
Appeal from a judgment of the Superior Court of Tulare County. The facts are stated in the opinion. The plaintiff having availed itself of the privileges conferred on it by the ordinance of said city of Visalia, it became its legal duty, itself, to maintain and operate its gas and electric works, and to supply the inhabitants of that city with gas and electricity for illuminating purposes, and it was therefore against public policy, and in violation of such duty, to lease…
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Appeal from a judgment of the Superior Court of Tulare County. The facts are stated in the opinion. The plaintiff having availed itself of the privileges conferred on it by the ordinance of said city of Visalia, it became its legal duty, itself, to maintain and operate its gas and electric works, and to supply the inhabitants of that city with gas and electricity for illuminating purposes, and it was therefore against public policy, and in violation of such duty, to lease these works and privileges. (2 Morawetz on Corporations, secs. 656, 1114, 1116; Thomas v. Railroad Co., 101 U. S. 83; York…
1Opinion of the Court
Temple, C.
The complaint charges that plaintiff leased to one Lynch, June 24, 1887, certain premises, including the plant of the electric light and gas company, for the term of two years from June 1, 1887. That Lynch agreed to take possession, manage, control, and operate the same, and to pay said company every three months during the term all the receipts of said gas and electric light business, after paying all necessary charges and expenses incurred in carrying on said business; and further agreed that the amount so paid should be sufficient to enable it to pay an annual dividend to its…
2Cases cited6 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
- People ex rel. Peabody v. Chicago Gas Trust Co.Illinois Supreme Court · 1889
- Oregon Railway & Navigation Co. v. Oregonian Railway Co.Supreme Court of the United States · 1889
- New York & Maryland Line R. Co. v. WinansSupreme Court of the United States · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Berka v. WoodwardCalifornia Supreme Court · 1899
- City of S. Pasadena v. Pasadena Land & Water Co.California Supreme Court · 1908
- Stockton Plumbing & Supply Co. v. WheelerCalifornia Court of Appeal · 1924
- County of Shasta v. MoodyCalifornia Court of Appeal · 1928
- State ex rel. Carroll v. Corning State Savings BankSupreme Court of Iowa · 1907
13 more not listed; retrieve them via the Exa API.