Legal Opinion

Citizens' Light, Heat & Power Co. v. Montgomery Light & Water Power Co.

U.S. Circuit Court for the District of Middle Alabama

Decided July 22, 1909PublishedCited by 37 opinions

In Equity. This case is submitted on bill and amended bill and affidavits on motion for a preliminary injunction. The bill is filed by the Citizens’ Light, Heat & Power Company against the Montgomery Light & Water Power Company. The former is a corporation chartered under the laws of Alabama, and the latter under the laws of New Jersey. For convenience, they are hereafter respectively styled the “Citizens’ Company,” and the “Water Power Com-Rally.”

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In Equity. This case is submitted on bill and amended bill and affidavits on motion for a preliminary injunction. The bill is filed by the Citizens’ Light, Heat & Power Company against the Montgomery Light & Water Power Company. The former is a corporation chartered under the laws of Alabama, and the latter under the laws of New Jersey. For convenience, they are hereafter respectively styled the “Citizens’ Company,” and the “Water Power Com-Rally.” They are competitors in the business of furnishing light and power by electricity to the people of Montgomery. The Water Power was first in the…

1Opinion of the CourtJones, District Judge

(after stating the facts as above). This case has been ably and elaborately argued and has had most painstaking consideration. The public, as w.ell as the parties, are deeply concerned in the important questions it involves, and no apology is needed for extended examination and discussion of them.

1. At the threshold of the case, we are met with the question of the power of the court of equity to enjoin written or spoken defamation of a man’s credit and business standing. The difficulties in the way of affording such relief are insurmountable. They grow alike out of' constitutional provisions,…

2Cases cited12 opinions

  1. Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
  2. Bitterman v. Louisville & Nashville RailroadSupreme Court of the United States · 1907
  3. National Protective Ass'n of Steam Fitters & Helpers v. CummingNew York Court of Appeals · 1902
  4. Rice v. . ManleyNew York Court of Appeals · 1876
  5. Marlin Fire Arms Co. v. . ShieldsNew York Court of Appeals · 1902

7 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
  2. Imperial Ice Co. v. RossierCalifornia Supreme Court · 1941
  3. American Malting Co. v. KeitelCourt of Appeals for the Second Circuit · 1913
  4. Northern Wisconsin Co-operative Tobacco Pool v. BekkedalWisconsin Supreme Court · 1924
  5. Carter v. Knapp Motor Co.Supreme Court of Alabama · 1943

32 more not listed; retrieve them via the Exa API.

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