The Law Relating to Conflicting Uses of Electricity And Electrolysis
The Law Relating to Conflicting Uses of Electricity And Electrolysis
George F George Feairheller Deiser
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It has been held that this privilege or franchise is not such that the first company may prevent a subsequent licensee from paralleling or overbuilding its lines, whether parallel or upon, in any such a manner as will not prevent the proper operation of the old company's lines. 75 Conversely, the first company in the field should be protected if there is actual interference, and this is the law. 76 41. Exclusive franchises against public policy. The policy of the law works generally against exc...lusive rights or exclusive franchises. But priority, where con- (73) Rutland v. Marble City Electric Light Co. , 65 Vt. 377; 26 Atl. Rep. 635; 27 L. R. A. 821; 4 Am. Elec. Cas. 256, 1893. (74) Hudson v. Jersey City, 49 N. J. L. 303 ; Nebraska Tele- phone Co. V. York Gas & Electric Co. , 27 Neb. 284; 43 N. W. 126; 3 Am. Elec. Cas. 364, 1889. (75) Chicago Telephone Co. V. North Western Telephone Co. , 199 Ills. 324, 1902. (76) Chicago Telephone Co. V. North Western Telephone Co. , 199 Ills. 324, 1902.
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