Town of Woodward v. Iowa Railway & Light Co.
Supreme Court of Iowa
Appeal from Dallas District Court. — J. IT. Applegate, J udge. This is an appeal by the plaintiff from certain orders of the district court: First, dissolving a temporary injunction; and second, refusing, upon final hearing, to order a permanent injunction. The defendant is a public utility cor poration, holding a franchise- from the toivn of Woodward, plaintiff, for the maintenance and operation of its electric light plant in such town.
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Appeal from Dallas District Court. — J. IT. Applegate, J udge. This is an appeal by the plaintiff from certain orders of the district court: First, dissolving a temporary injunction; and second, refusing, upon final hearing, to order a permanent injunction. The defendant is a public utility cor poration, holding a franchise- from the toivn of Woodward, plaintiff, for the maintenance and operation of its electric light plant in such town. It furnished the service for many years, at rates provided by ordinance. In 1918, it declared its inability to further furnish such service at ordinance…
1Opinion of the CourtEvans, J.
1- coepoea?11 Sy°irates11not contract01 I. The'defendant’s franchise in the town of Woodward was granted in June, 1912, by ordinance duly enacted by the city council and duly approved by vote of the electors,- as required by Section 720 of tbe Code. Section 6 of the ordinance which granted the franchise specified the rates to be charged by the defendant to consumers. The term of the franchise was 25 years. The essence of plaintiff’s contention is that the enactment of this' ordinance (including the franchise and the rates and the approval of the same by the electors) and the practical…
2Cases cited4 opinions
- Cedar Rapids Gas Light Co. v. City of Cedar RapidsSupreme Court of Iowa · 1909
- City of Tipton v. Tipton Light & Heating Co.Supreme Court of Iowa · 1916
- Iowa Railway & Light Co. v. Jones Auto Co.Supreme Court of Iowa · 1917
- Selkirk v. Sioux City Gas & Electric Co.Supreme Court of Iowa · 1920
3Cited by7 opinions
- Iowa-Nebraska Light & Power Co. v. City of VilliscaSupreme Court of Iowa · 1935
- Knotts v. NollenSupreme Court of Iowa · 1928
- Iowa Electric Co. v. Incorporated Town of WinthropSupreme Court of Iowa · 1924
- Wapsie Power & Light Co. v. City of TiptonSupreme Court of Iowa · 1923
- Iowa Public Service Co. v. City of Sioux CitySupreme Court of Iowa · 1961
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