Montgomery Light & Water Power Co. v. Citizens' Light, Heat & Power Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery in Equity. Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellant, The Montgomery Light & Water Power Company, against the appellee, The Citizens Light, 1-Ieat & Power Co., and prayed for an injunction “restraining the Citizens Light, Heat & Power Co., its officers, agents and employees, from stringing its wires, or doing, or performing any other act contemplated by the resolution in said bill set forth,…
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Appeal from the City Court of Montgomery in Equity. Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellant, The Montgomery Light & Water Power Company, against the appellee, The Citizens Light, 1-Ieat & Power Co., and prayed for an injunction “restraining the Citizens Light, Heat & Power Co., its officers, agents and employees, from stringing its wires, or doing, or performing any other act contemplated by the resolution in said bill set forth, and upon a final hearing * * * * * to make said injunction perpetual.” The other facts of the case are sufficiently…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by. the appellant against the appellee alleging that the complainant (Appellant) held a franchise from the corporate authorities of the city of Montgomery, to furnish electric lights, power, etc., under which it had strung wires on poles erected in the streets of said city.
That the defendant (appellee) had also received a franchise from said city for similar purposes, which contained a special proviso, that its poles and wires should not be .erected and strung so as to- interfere with the poles and wires of complainant. Also that the city council of said city,…
2Cases cited8 opinions
- Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.Supreme Court of Alabama · 1885
- Scholze v. SteinerSupreme Court of Alabama · 1893
- Hartley v. MatthewsSupreme Court of Alabama · 1892
- Jackson v. JacksonSupreme Court of Alabama · 1890
- Consolidated Electric Light Co. v. People's Electric Light & Gas Co.Supreme Court of Alabama · 1891
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3Cited by5 opinions
- Penton v. Brown-Crummer Inv. Co.Supreme Court of Alabama · 1930
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Holley v. BrunsonSupreme Court of Alabama · 1930
- Montgomery Light & Water P. Co. v. Citizens L. H. & P. Co.Supreme Court of Alabama · 1906
- Rice v. DavidsonSupreme Court of Alabama · 1921