Guith v. Consumers Power Co.

TUTTLE, District Judge.

The plaintiffs are operators of the Grand Blanc Airport, situated about four miles south of Flint, Michigan. The defendant owns in fee land adjacent to the airport upon which it is about to erect an electric transmission - line consisting of pole structures and wires. The plaintiffs filed a bill of complaint for an injunction restraining the defendant from erecting said line.

The defendant filed a motion to dismiss the bill of complaint, alleging that the same failed to state a claim against the defendant upon which relief could be granted, stating, among other reasons,…