Montgomery Light & Water P. Co. v. Citizens L. H. & P. Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. I). Sayre. Bill by the Montgomery Light & Water Power' Company against the Citizens’ Light, Heat & Power Company. From a decree dissolving a preliminary injunction, complainant appeals.
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Appeal from Montgomery City Court. Heard before Hon. A. I). Sayre. Bill by the Montgomery Light & Water Power' Company against the Citizens’ Light, Heat & Power Company. From a decree dissolving a preliminary injunction, complainant appeals. Complainant is entitled to an injuncton to prevent the use of its poles by the defendant until compensation has been made. — Birmingham- Traction Co. v>. Birmingham Electric Co., 119 Ala. 121. Condemnation proceedings cannot divest the owner of his property unless every prerequisite to the jurisdiction called for by the statute is strictly complied with,…
1Opinion of the CourtDenson, J.
The bill is exhibited by the Montgomery Light & Water Power Company, a corporation, against the Citizens’ Light, Heat & Power Company, a corporation. Each of the- corporations is possessed of a franchise granted by the municipal authorities of the city of Montgomery, authorizing it to erect'and maintain along the streets of the city poles and wires for the purpose of enabling it to supply electric lights to its patrons. The purpose of the bill is to enjoin the defendant from stringing its wires on one of the complainant’s poles. On the hearing on the bill and answer, the chancellor dissolve^…
2Cases cited5 opinions
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Mack v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1890
- Birmingham Traction Co. v. . Birmingham Railway & Electric Co.Supreme Court of Alabama · 1898
- Montgomery Light & Water Power Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1904
- Birmingham Traction Co. v. Sou. Bell Telephone & Telegraph Co.Supreme Court of Alabama · 1898