City of Benton Harbor v. Michigan Fuel & Light Co.

This suit was brought by the city of Benton Harbor to restrain the defendant from longer occupying and using the city’s streets incident to the conduct of its business as a gas company. Plaintiff claims the franchise under which defend ant asserts the right to operate expired April, 1920, and that the defendant is continuing to use the city’s streets without right. This is denied by the defendant. Plaintiff’s bill was dismisséd in the circuit, and it has appealed.

The question to be adjudicated is whether this franchise was limited to a 30-year period, which has expired. It was originally…