Western Union Telegraph Co. v. Guernsey & Scudder Electric Light Co.
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. (1) An injunction cannot, under any circumstances, be granted restraining the defendant from the doing of an act, however wrongful it may be, unless it is clearly and satisfactorily shown that the defendant threatens or presently intends to do the particular thing enjoined.
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Appeal from, the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. (1) An injunction cannot, under any circumstances, be granted restraining the defendant from the doing of an act, however wrongful it may be, unless it is clearly and satisfactorily shown that the defendant threatens or presently intends to do the particular thing enjoined. Therefore, the court erred in entering a decree against appellant restraining it from stretching its wires nearer than eight feet to respondent’s wires, the evidence being that appellant under no circumstances intended to go nearer, than ten…
1Opinion of the CourtRombauer, P. J.
This is a suit in equity to enjoin the defendant from transmitting currents of electricity through certain wires which it has suspended in proximity to the telegraph wires of the plaintiff. At the hearing there was a decree denying the relief sought, and dismissing the petition as to a portion of the wires of the defendant, and granting the relief sought, in a modified form, as to the remainder. From this decree the defendant prosecutes this appeal.
The petition recites the incorporation of the plaintiff and its acquisition, under various acts of congress, and through its consolidation with…
2Cases cited6 opinions
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- Ferrenbach v. TurnerSupreme Court of Missouri · 1885
- Overall v. RuenziSupreme Court of Missouri · 1877
- Carpenter v. GrishamSupreme Court of Missouri · 1875
- Parks v. People's BankSupreme Court of Missouri · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- King v. St. Louis Union Trust Co.Supreme Court of Missouri · 1910
- Chicago Telephone Co. v. Northwestern Telephone Co.Illinois Supreme Court · 1902
- Cosgrove v. LeonardSupreme Court of Missouri · 1896
- State Ex Inf. McKittrick v. Missouri Public Service Corp.Supreme Court of Missouri · 1943
- Smith v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.