City of Saginaw v. Consumers' Power Co.
Michigan Supreme Court
Appeal from Saginaw; Snow (Ernest A.) and Browne (Clarence M.), JJ. Bill by the city of Saginaw against the Consumers’ Power Company for the specific performance of a franchise contract. From an order denying a motion to dismiss, defendant appeals. Mandamus by the Consumers’ Power Company to compel Ernest A. Snow and Clarence M. Browne, circuit judges of Saginaw county, to set aside an order granting a temporary injunction. (Calendar No. 29,538.)
1Opinion of the CourtFellows, J.
On November 30, 1908, the common council of the city of Saginaw passed an ordinance granting to the Eastern Michigan Power Company the use of its streets for the stringing of its wires, erection of poles, etc., for a period of 30 years. Section 6 of said ordinance provided:
“The said grantee shall be entitled to charge the inhabitants of the said city for electric current for light, heat and power not more than the following prices, viz. (then follows a schedule of rates for commercial light and power not important to detail):
“The grantee shall have the right, from time to time, and within the…
2Cases cited44 opinions
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
- Chicago & Northern Pacific Railroad v. City of ChicagoIllinois Supreme Court · 1898
- City of Princeton v. Princeton Electric Light & Power Co.Court of Appeals of Kentucky · 1915
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3Cited by25 opinions
- DeWitt Township v. Clinton CountyMichigan Court of Appeals · 1982
- City of Niles v. Michigan Gas & Electric Co.Michigan Supreme Court · 1935
- Municipal Gas Co. v. Lone Star Gas Co.Court of Appeals of Texas · 1924
- Kalamazoo Municipal Utilities Ass'n v. City of KalamazooMichigan Supreme Court · 1956
- State v. EmersonSuperior Court of Delaware · 1939
20 more not listed; retrieve them via the Exa API.