Arkadelphia Electric Light Co. v. Arkadelphia
Supreme Court of Arkansas
Appeal from Clark Chancery Court; James D. Shaver Chancellor; statement by the court. This suit is by appellant, hereafter called the Company, against appellee, called the City, to enjoin the enforcement of an ordinance of the City, fixing rates to be charged by the Compan)'' for electricity furnished consumers.
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Appeal from Clark Chancery Court; James D. Shaver Chancellor; statement by the court. This suit is by appellant, hereafter called the Company, against appellee, called the City, to enjoin the enforcement of an ordinance of the City, fixing rates to be charged by the Compan)'' for electricity furnished consumers. The rates fixed by the City in said ordinance and required to ibe applied 'by the company are challenged as unreasonable and unjust to the Company and its consumers, and in violation of established methods of rate-making, and confiscatory, in that they deprive the Company' of a…
1Opinion of the Court
Kirby, J.,
(after stating the facts.) The city ordinance of 1909 is challenged as being void, because it impairs the obligation of the Company’s contract, and fixes such unjust and unreasonable rates as are confiscatory, and deprives the Company of its property without compensation.
The first ordinance granting the franchise to the predecessor of the Company, to which it succeeded, was passed in 1904, after the enactment of sections 5445-5447 °f Kirby’s Digest (act of April 21, 1903), and this statute, authorizing cities and towns upon complaint filed to examine the rates charged consumers for…
2Cases cited1 opinion
- Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
3Cited by5 opinions
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- Camden Gas Corp. v. CamdenSupreme Court of Arkansas · 1931
- Ft. Smith Light & Traction Co. v. City of Ft. SmithDistrict Court, W.D. Arkansas · 1912
- Fulton Ferry & Bridge Co. v. HuckinsSupreme Court of Arkansas · 1927
- Pocahontas v. Central Power and Light Co.Supreme Court of Arkansas · 1922