Judges: BUFORD, J. —
Attorneys: P. H. Odom, for Appellant;
Austin Miller, Gov Hutchinson, Emmett Safay and Harvey Mabry,
for Appellees.
Filed: May 14, 1929
Latest Update: Mar. 02, 2020
Summary: In this case the appellant sought to restrain the City of Jacksonville from installing electric wiring in private houses for the purpose of furnishing electricity for electric ranges, stoves, and water heaters and other electrical appliances. A demurrer to the bill of complaint was sustained and the bill dismissed. In the case of Jacksonville Electric Light Company v. City of Jacksonville, 36 Fla. 229 , 18 So. R. 677, this Court determined the pivotal question involved in this suit by saying: *P
Summary: In this case the appellant sought to restrain the City of Jacksonville from installing electric wiring in private houses for the purpose of furnishing electricity for electric ranges, stoves, and water heaters and other electrical appliances. A demurrer to the bill of complaint was sustained and the bill dismissed. In the case of Jacksonville Electric Light Company v. City of Jacksonville, 36 Fla. 229 , 18 So. R. 677, this Court determined the pivotal question involved in this suit by saying: *Pa..
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While the city may not be required to stop at the property line, but may connect its electric plant by wires leading from the street into private homes, when desired by the owners, so as to connect with the electric lights, electric ranges, water heaters, etc., in the homes of its citizens, I seriously doubt if it can go further, and enter the domain of private business by selling and installing such electrical apparatus, as stoves, heaters, etc., which latter can best be left to private business and the free play of competition. As I understand this case, the city is only seeking to furnish electric current for light and heating purposes and carry such current by necessary wire connections to the consumer, at the point of consummation. This is consistent with the public utility and public purpose authorized by its charter. It cannot arbitrarily and unnecessarily enter the field of private business. See Reen v. Waycross, 101 Ga. 588, 29 S.E. R. 42. In fact, I doubt the constitutional power of the legislature to authorize municipalities to enter the domain of private business.
