Pensacola Gas Co. v. Provisional Municipality
Supreme Court of Florida
Appeal from the Circuit Court for Escambia county. STATEMENT. The Provisional Municipality of Pensacola filed a hill in the Circuit Court of Escambia county against the Pensacola Gas Company to compel the specific performance of an alleged duty on the part of the gas •company, growing out of contract, to erect public gas lamps at such public places in the municipality as it should require.
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Appeal from the Circuit Court for Escambia county. STATEMENT. The Provisional Municipality of Pensacola filed a hill in the Circuit Court of Escambia county against the Pensacola Gas Company to compel the specific performance of an alleged duty on the part of the gas •company, growing out of contract, to erect public gas lamps at such public places in the municipality as it should require. The city of Pensacola, predecessor of the provisional municipality, by ordinance passed November 13th, 1882, granted to Francis Walsh, his associates, successors and assigns as individuals, or as a body…
1Opinion of the Court
Mabbt, J.:
The errors assigned on this appeal are the overruling the demurrer to the bill of complaint, and the rendition of the final decree against appellant.
After the demurrer to the bill as originally filed was overruled, complainant amended by adding a paragraph to the bill, alleging that the defendant gas company was exercising its franchises aud privileges in the city of Pensacola by virtue of the municipal ordinance passed November 18th, 1882, and issue was joined and the case disposed of in the Circuit Courts on the amended bill. The case will be considered here as presented by the…
2Cases cited8 opinions
- Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.Supreme Court of Alabama · 1885
- Chicago Municipal Gas Light & Fuel Co. v. Town of LakeIllinois Supreme Court · 1889
- Knox v. SprattSupreme Court of Florida · 1887
- State ex rel. City of Jacksonville v. Jacksonville Street RailroadSupreme Court of Florida · 1892
- McCrillis v. CoppSupreme Court of Florida · 1893
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3Cited by5 opinions
- Tampa & Jacksonville Railway Co. v. CattsSupreme Court of Florida · 1920
- R. E. L. McCaskill Co. v. DekleSupreme Court of Florida · 1924
- Coral Gables, Inc. v. PattersonSupreme Court of Alabama · 1936
- Pembroke Park Lanes, Inc. v. High Ridge Water Co.District Court of Appeal of Florida · 1965
- Seaboard Air Line Railway Co. v. DorseySupreme Court of Florida · 1932