City of Newport v. Newport Light Co.
Court of Appeals of Kentucky
Case 68 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. The right to use the streets of a city by a light company for lighting the city in any way is a franchise that can be granted only by the Legislature, or some local or municipal authority authorized to confer it. (City of Newport v. Newport Light Co., 84 Ky., 176.) 2. The appellee has no legislative authority, direct or indirect, to enter ■on the streets of the appellant to erect poles for any purpose.
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Case 68 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. The right to use the streets of a city by a light company for lighting the city in any way is a franchise that can be granted only by the Legislature, or some local or municipal authority authorized to confer it. (City of Newport v. Newport Light Co., 84 Ky., 176.) 2. The appellee has no legislative authority, direct or indirect, to enter ■on the streets of the appellant to erect poles for any purpose. But, ■conceding that it has power so to do, the allegation of terms of the contract do not show a grant of power to use the…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
This action was brought by the appellee, the Newport Light Company, to enjoin the appellant, the City of Newport, from removing poles erected by the company upon the streets of the city, and upon which it has stretched wires for electric illuminating purposes. It claims the right to so use the streets under a contract with the city for lighting it. It is denied that the terms of the contract embrace such a use, and if so, then the power of the city to make it is denied.
The appellee, the. Light Company, by its charter,. *457enacted March 27, 1880, was…
2Cases cited2 opinions
- Phillips v. Covington & Cincinnati Bridge Co.Court of Appeals of Kentucky · 1859
- City of Newport v. Newport Light Co.Court of Appeals of Kentucky · 1886
3Cited by6 opinions
- Pannell v. Louisville Tobacco Warehouse Co.Court of Appeals of Kentucky · 1902
- Comingor v. Louisville Trust Co.Court of Appeals of Kentucky · 1908
- Capital City Light & Fuel Co. v. TallahasseeSupreme Court of the United States · 1902
- Capital City Light & Fuel Co. v. City of TallahasseeSupreme Court of Florida · 1900
- Bailey's Administrator v. Hampton Grocery Co.Court of Appeals of Kentucky · 1920
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