City of Wheeling v. Natural Gas Co.
West Virginia Supreme Court
Appeal from Circuit Court, Ohio County. Suit by tbe City of "Wheeling against the Natural Gas Company of West Virginia. From decree for plaintiff, defendant appeals.
1DissentPoffeNbabgeR, Judge
I am unable to concur in the opinion and decision in this cause.
The city has power to protect its own property, even though, in so doing, it may be necessary to deny to citizens privileges they desire. Citizens have no legal right to require the city to grant a franchise to a public service corporation, or to enforce the granting of such a franchise as they think they should have, otherwise than by the election to the city offices, of men favorable to the grant of the particular franchise. Having had the legal power to refuse the gas company any franchise at all, it necessarily had the…
2Cases cited8 opinions
- Wheeling & Elm Grove R. R. v. Town of TriadelphiaWest Virginia Supreme Court · 1905
- Clarksburg Electric Light Co. v. City of ClarksburgWest Virginia Supreme Court · 1900
- County Court v. BoremanWest Virginia Supreme Court · 1890
- Bluefield Water Works & Improvement Co. v. City of BluefieldWest Virginia Supreme Court · 1911
- County Court v. ArmstrongWest Virginia Supreme Court · 1890
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