Legal Opinion

Nelson v. City of Murfreesboro

U.S. Circuit Court for the District of Middle Tennessee

Decided March 13, 1909PublishedCited by 2 opinions

Bill by John H. Nelson against the City of Murfreesboro and others. This case was heard upon demurrers to the complainant’s bill, and on the •complainant’s application for preliminary writ of injunction.

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Bill by John H. Nelson against the City of Murfreesboro and others. This case was heard upon demurrers to the complainant’s bill, and on the •complainant’s application for preliminary writ of injunction. The bill, which was filed by John H., Nelson, a resident and citizen of Rutherford county, Tenh., doing business under the name of the City Gas & Electric Light Company, against the city of Murfreesboro, a municipal corporation located in Rutherford county, Tenn., and John A. Davis and- David F. Elam, .residents and citizens of said county, alleged: That the city of Murfreesboro on June…

1Opinion of the CourtSanford, District Judge

(after stating the facts as above). The bill alleges, in effect; That the complainant acquired by the contract and ordinance of June 1G, 1905, the exclusive right, for the period of 10 years, not merely of lighting the streets of-the city, but also of furnishing gas and electricity to the city and its inhabitants for light, *908heat, and power, with an exclusive right of way in the streets of the city during such period, for such purposes; that the obligation of this contract is impaired by the ordinance of November 9, 1908, granting the defendant Davis and his associates the right to furnish…

2Cases cited20 opinions

  1. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  2. Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
  3. Hamilton Gas Light & Coke Co. v. Hamilton CitySupreme Court of the United States · 1892
  4. City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
  5. Knoxville Water Co. v. KnoxvilleSupreme Court of the United States · 1906

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3Cited by2 opinions

  1. City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
  2. Kansas City Gas Co. v. Kansas CityDistrict Court, W.D. Missouri · 1912

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