City of Carthage v. Empire Electric Power & Supply Co.

On December 29, 1902, the plaintiff city granted to the assignor of defendant a franchise to construct and operate an electric power station within said city. The franchise was “limited to the running'of electric fans and motor power for mechanical and heating purposes.” The city owns ■its own electric light plant and supplies the inhabitants thereof with current for lighting purposes and also lights its street therewith. The defendant, as it now concedes, was violating its franchise in some respects and thereupon this plaintiff instituted this action to restrain it from delivering its…