Lake Superior District Power Co. v. City of Bessemer

Plaintiff, a utility corporation, engaged in the business of generating* and distributing electrical energy, filed a bill of complaint to restrain the city of Bessemer, its common council, and officers from proceeding* with the construction and financing of an electric plant and distributing system in the city of Bessemer. Plaintiff’s complaint was based upon its rights as the holder of a nonexclusive franchise and as a taxpayer; being required to elect at the trial, it stood upon its rights as a taxpayer. The case was tried before the late Hon. George O. Driscoll, circuit judge, who filed a…