Western Union Telegraph Co. v. Guernsey & Scudder Electric Light Co.
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. (1) An injunction cannot, under any circumstances, be granted restraining the defendant from the doing of an act, however wrongful it may be, unless it is clearly and satisfactorily shown that the defendant threatens or presently intends to do the particular thing enjoined.
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Appeal from, the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. (1) An injunction cannot, under any circumstances, be granted restraining the defendant from the doing of an act, however wrongful it may be, unless it is clearly and satisfactorily shown that the defendant threatens or presently intends to do the particular thing enjoined. Therefore, the court erred in entering a decree against appellant restraining it from stretching its wires nearer than eight feet to respondent’s wires, the evidence being that appellant under no circumstances intended to go nearer, than ten…
1DissentThompson, J.
(dissenting). — I agree with. much, of the reasoning of the foregoing opinion, but not with all of it; and I do not agree with its result.' My chief reason for not agreeing to the-result is that the holding, that the plaintiff: was entitled to any equitable relief in this case, sets a precedent for enjoining a large portion of the electric light wires in the city. For proof of this, we have only to use our eyes on almost any street, and especially in the business portion. My associates in their opinion disclaim an ability on the part of the courts to superintend the electric wires so as to…
2Cases cited3 opinions
- Bardwell v. Town of JamaicaSupreme Court of Vermont · 1843
- Rosser v. RandolphSupreme Court of Alabama · 1838
- McCutchen v. BlantonMississippi Supreme Court · 1881