# Hamler v. City of Jacksonville

> Supreme Court of Florida · May 14, 1929 · 97 Fla. 807

URL: https://www.frixlaw.com/law-library/cases/3387025

## Case

- **Full name:** Edward Hamler, Appellant, v. City of Jacksonville, a Municipal Corporation of Duval County, Florida, Et Al., Appellees
- **Court:** Supreme Court of Florida
- **Decided:** May 14, 1929
- **Citations:** 97 Fla. 807; 122 So. 220
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Buford, Terrell, Whitfield, Brown, Ellis, Strum
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3387025

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3387025. Public record. Not legal advice.