Flottum v. City of Cumberland

The plaintiffs bring this action as taxpayers of the city of Cumberland on behalf of themselves and all others similarly situated. The facts cannot be better presented than by repeating the findings of the trial court, which will be stated in a slightly abbreviated and supplemented form. The city of Cumberland, a city of the fourth, class, has never granted an indeterminate permit to any private utility, and has for thirty-three years owned and operated the only electric-distributing plant within said city, and until about the year 1918 generated its electrical energy by means of a steam…