Oklahoma Reports Volume 26

Oklahoma Reports Volume 26

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...is attached to the petition, and by its terms it attempts to grant to plaintiff's assignee the exclusive Oplnlon of the Court. night to use the streets and alleys of the city for the purposes therein mentioned. Defendant is now attempting, without authority from the city, to use the streets, lanes, and public places of the city for the purpose of erecting thereon and along same a system of poles and wires for supplying said town and its inhabitants with electric light and power. Plaintiff alleges that such attempted use of the streets by defendant is in conffict with its rights under its franchise, and that it will suffer irreparable injury and damage by reason thereof, and that the violation of its right by defendant will result in a multiplicity of suits, and that it has no plain, speedy, and adequate remedy at law. Defendant contends that the exclusive feature of plaintiff's franchise is void, for the reason that the city council was without authority to grant an exclusive franchise. Plaintiff does not insist in this court that the exclusive provision of its franchise is valid, but it seeks to maintain its action upon the theory that, notwithstanding it has no exclusive franchise and the city has authority to grant a similar franchise to other persons, the use of the streets, alleys, and public places of the city by defendant without legislative authority from the municipal corporation is such an infringment on plaintiffs rights that it is entitled to injunctive relief. It is'not alleged in the petition that the use of the streets by defendant for the purpose of constructing and_ operating its electric light plant will injure the physical property of plaintiff, or interfere with the operation thereof. The sole injury which...show more

Product details

  • Paperback | 330 pages
  • 189 x 246 x 18mm | 590g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236828550
  • 9781236828552