Gulf Coast Ice & Manufacturing Co. v. Bowers

Citations

• 80 Miss. 570

Syllabus

<p>1. Bay of St. Louis. City of. Charter. Laws 1886, p. . 446, sec. 43. Street lights.</p> <p>The city of Bay of St. Louis, under its charter (laws 1886, p. 446. see. 43), is empowered to light its streets for the public benefit.</p> <p>3.Municipalities. Acquisition of streets. Rights therein. IAghts.</p> <p>The acquisition of property by a municipality for public use as a street carries with it the right to make passage over it safe and convenient, and to light it for that purpose.</p> <p>3. Same. Lighting street not anew talking. Constitution 1890, -sec. 17.</p> <p>The lighting of a street previously acquired by a municipality is not a new taking of the property for public use, for which compensation must be made to the owner of the fee or to abutting owners, but is an extension of the uses for which it was first taken.</p> <p>4. Same. Streets lighted by contract.</p> <p>Municipalities having the right to light streets may contract with another to furnish the lights, and license the use of the streets for that purpose.</p> <p>5. Same. Poles and wires. Inconveniences. Disfigurements.</p> <p>Such inconveniences to the person and disfigurements of adjacent property as result from the erection of electric light poles and wires in a street, if subjects of compensation at all, are eonclu- . sively presumed to have been paid for in the original acquisition of the street.</p> <p>6. Same. Furnishing electricity to private persons. Mandatory injunction.</p> <p>The furnishing of electricity to private persons from necessary wires erected upon and used for the purpose of lighting the streets of a municipality, is not a grievance to adjacent property owners, for which a mandatory injunction is an appropriate remedy.</p> <p>7. Mandatory Injunction.' Code 1892, 557, 916. Ex parte applications for. Rule.</p> <p>While the statutes (code 1892, $$ 557, 916) authorizing the granting of injunctions on ex pairte applications makes no distinction between the several kinds of injunctions