City of Gainesville v. Gainesville Gas & Electric Power Co.

Citations

• 65 Fla. 404
• 62 So. 919

Syllabus

<p>1. The policy of the law is to require by mandatory process the performance by public utility corporations of their duties to the public.</p> <p>2. A corporation engaged in furnishing electricity to a municipality or its inhabitants and using public streets or exercising other franchises or privileges in doing so, is thereby performing services of a írablic nature, within the meaning of the constitution and laws of this State, and such a corporation is subject to lawful governmental regulations to enforce its duties to the public it undertakes to serve.</p> <p>3. ' An express contract is not essential to establish reciprocal rights between a public service company and the public it undertakes to serve. Such rights arise by implication of law.</p> <p>4. Where a public utility company uses franchises and assumes the duty imposed by law to render a reasonably adequate service during the time its rights and duty may lawfully continue, such duty may be enforced by appropriate legal procedure where no adequate excuse for non-performance is appropriately shown.</p> <p>5. Allegations that governmental regulations are in effect confiscatory and unduly arbitrary and burdensome to a public service company, do not justify the company in arbitrarily discontinuing the public service, for the company has adequate remedies by due course of law to protect itself against the enforcement of illegal governmental regulations.</p> <p>6. While it is the duty of a public service company to observe all lawful municipal regulations, the company has a right to a reasonable compensation for the public service it renders and to the equal protection of the laws in every department of the government.</p> <p>7. Illegal municipal regulations are not binding; but persons and corporations cannot be permitted to arbitrarily assume to remedy an alleged wrong by refusing to rentier a public-service voluntarily undertaken.</p> <p>8. The municipality is a proper party in proceedings to require a public