Legal Opinion
Eastern Shore Public Service Co. v. Town of Seaford
Supreme Court of Delaware
Decided July 28, 1938PublishedCited by 8 opinions
1Opinion of the Court
Layton, C. J.,
delivering the opinion of the Court:
*206All corporations, including municipal corporations and those organized for the purpose of providing municipal public utilities, derive their power and privileges from the State which, primarily, has absolute control of all public highways and streets within its territorial limits. Franchises to erect, operate and maintain municipal public utility plants are granted either by the State, or by the municipality acting under authority delegated to it. The statute (§ 2188, Rev. Code 1935) is a grant of power by the State, without limitation as to…
2Cases cited7 opinions
- Blair v. City of ChicagoSupreme Court of the United States · 1906
- City of Owensboro v. Cumberland Telephone & Telegraph Co.Supreme Court of the United States · 1913
- City of Louisville v. Cumberland Telephone & Telegraph Co.Supreme Court of the United States · 1912
- Detroit United Railway v. City of DetroitSupreme Court of the United States · 1913
- Town of Seaford v. Eastern Shore Public Service Co.Court of Chancery of Delaware · 1937
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Radio Corp. of America v. Philadelphia Storage Battery Co.Supreme Court of Delaware · 1939
- Conner v. BrownSuperior Court of Delaware · 1938
- Delmarva Power & Light Co. v. City of SeafordSupreme Court of Delaware · 1990
- Kansas Power & Light Co. v. City of Great BendSupreme Court of Kansas · 1951
- Artesian Water Co. v. State, Department of Highways & TransportationSuperior Court of Delaware · 1974
3 more not listed; retrieve them via the Exa API.