Omaha Electric Light & Power Co. v. City of Omaha
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska; W. H. Munger, Judge. N Suit in equity by the Omaha Electric Light & Power Company against the City of Omaha and Waldemar Michaelson. On bill in the nature of bill of review, treated as a petition for rehearing. Former decree (179 Fed. 4S5, 102 C. C. A. 601) set aside, and new decree entered.
1Opinion of the Court
AMIDON, District Judge.
In 1884 the city of Omaha, by ordinance, granted to plaintiff a franchise empowering it to use the streets and alleys of the city for the purpose of transacting “a general electric light business.” Thereafter in the progress of the art of electricity the com - pany used its system for distributing electricity not only for lighting purposes, but also for heat and power. On the 26th of May, 1908, the city council, by resolution, directed its electrician to disconnect all wires of the plaintiff used in transmitting current for heat and power. Thereafter the plaintiff filed…
2Cases cited39 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Tilghman v. ProctorSupreme Court of the United States · 1881
- Old Colony Trust Co. v. City of OmahaSupreme Court of the United States · 1913
- Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
- In re the Estate of JessupCalifornia Supreme Court · 1889
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3Cited by18 opinions
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- Irvin v. Buick Motor Co.Court of Appeals for the Eighth Circuit · 1937
- Meredith v. FairCourt of Appeals for the Fifth Circuit · 1962
- Nelson v. BaileyMassachusetts Supreme Judicial Court · 1939
- Obear-Nester Glass Co. v. Hartford-Empire Co.Court of Appeals for the Eighth Circuit · 1932
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