Healdsburg
Healdsburg Electric Light & Power Co. v. City of Healdsburg
Opinion
Lead Opinion
Chipman, J.
Action for damages alleged to have been caused by the oppressive, malicious and violent acts of defendant resulting in the destruction of parts of plaintiff’s plant and with intent to compel it to discontinue business. A general and special demurrer was sustained, and plaintiff failing to amend, judgment passed for defendant, from which plaintiff appeals.
It is alleged in the amended complaint: That plaintiff is a corporation formed under the laws of this state for the purpose of supplying electric light and power to the residents of the city of Healdsburg, and that plaintiff ever since March 15, 1899, has been and on that day was lawfully so engaged; the complaint then describes the property and apparatus constituting plaintiff’s plant; avers, in paragraph 7, that the said plant was not injurious to health or offensive to the senses, or in anywise interfered with the comfortable enjoyment of life or with the free use and passage of the public parks and streets of said city, and in no manner constituted a nuisance, public or private; that on February 6, 1899, defendant, “well knowing the premises, but solely with the design and intent to oppress this plaintiff, and to compel it…