Seattle Gas & Electric Co. v. Citizens' Light & Power Co.

Citations

• 123 F. 588
• 1903 U.S. App. LEXIS 4923

Syllabus

<p>1. Corporations—Powers—Limitation bv Charter.</p> <p>A New Jersey corporation organized under the general corporation law, and not under the gas act, being without charter power to engage in the business of manufacturing and selling gas to consumers, under the laws of the state as construed by its Supreme Court, such a corporation is equally without power to engage in such business in a different state.</p> <p>2. Same—Acts Ultra Vires—Right of Private Litigant to Question.</p> <p>Where a corporation, in exercising powers beyond its charter by laying gas mains in the streets of a city, although with the implied license of the public authorities, creates a public nuisance which will result in special and irreparable injury to a private party, such party may invoke its want of charter power as the basis for relief in equity by injunction.</p> <p>¶ 1. gee Corporations, vol. 12, Cent. Dig. §§ 1515, 1516, 2532.</p>