City of Bessemer v. Birmingham Electric Co.

STAKELY, Justice.

This is an appeal fr&m a decree of the equity court sustaining the demurrer to the bill of complaint. In its bill of complaint the City of Bessemer (appellant) seeks a decree adjudging that the Birmingham Electric Company (appellee) has no franchise to maintain its poles, electric wires and properties in the streets, alleys and public places of appellant, and to conduct its electric distribution business within its limits. The decree which the City of Bessemer seeks would also order appellee to cease doing business within its limits and compensate appellant for the unlawful…