Consolidated Electric Light Co. v. People's Electric Light & Gas Co.
Supreme Court of Alabama
Appeal from the Chancery Qonrt of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 27th May, 1891, by the appellant, a private corporation “engaged in the business of manufacturing, selling and distributing electricity and electric lights for the purpose of illuminating the houses and streets of the city of Birmingham, and electric power to operate the machines and works of manufacturing enterprises, to which it is duly authorized by…
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Appeal from the Chancery Qonrt of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 27th May, 1891, by the appellant, a private corporation “engaged in the business of manufacturing, selling and distributing electricity and electric lights for the purpose of illuminating the houses and streets of the city of Birmingham, and electric power to operate the machines and works of manufacturing enterprises, to which it is duly authorized by law;” and sought by injunction to restrain and prevent the defendant, a rival corporation, from erecting its poles and wires…
1Opinion of the CourtStone, C. J.
— This case brings before us a subject which, in some of its bearings, is comparatively new in jurisprudence. It is the utilization of electricity, alike as a mechanical force, and as an illuminator. This use being relatively new, and probably not perfected in its adaptations, it -behooves us to take our steps cautiously — very cautiously — lest our rulings may sanction or encourage conduct which would lead'to great destruction of property, if not of life itself. And while we confess ourselves ignorant of the scientific principles on which this new discovery and use are based, it is common…
2Cases cited1 opinion
- Nebraska Telephone Co. v. York Gas & Electric Light Co.Nebraska Supreme Court · 1889
3Cited by6 opinions
- Dwight Mfg. Co. v. WordSupreme Court of Alabama · 1917
- Mobile & Montgomery Railway Co. v. Alabama Midland Railway Co.Supreme Court of Alabama · 1898
- Montgomery Light & Water Power Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1904
- American Telephone & Telegraph Co. v. Morgan County Telephone Co.Supreme Court of Alabama · 1903
- Compania Anonyma de la Luz Electrica de Ponce v. Ponce Railway & Light Co.District Court, D. Puerto Rico · 1903
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