Town of Lindsay v. Cooke County Electric Cooperative Ass'n

WALKER, Justice.

The controlling question in this case is whether the Cooke County Electric Cooperative Association properly accepted a franchise ordinance entitling it to operate in the Town of Lindsay. Suit was brought by the Town, petitioner here, to require the Association, respondent, to remove its lines and equipment from the streets and alleys within the corporate limits. The trial court rendered judgment on the verdict for respondent, and the Court of Civil Appeals affirmed. 497 S.W.2d 406.

Petitioner was incorporated as a town in 1959. Respondent, which had been serving inhabitants of…