Opinion

Hamler v. City of Jacksonville

  • 97 Fla. 807
  • 122 So. 220
Court
Supreme Court of Florida
Filed
May 14, 1929
Status
Published
Author
Brown
On the bench
Buford, Terrell, Whitfield, Brown, Ellis, Strum
Cited by
20 cases
Authority
More cited than 37.5%

The opinion

*813

Brown, J.

(Concurring Specially) : 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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