Los Angeles Gas & Electric Co. v. City of Los Angeles

Eor a number of years, under a franchise obtained pursuant to the provisions of the Constitution of California as it existed prior to 1911 (see Russell v. Sebastian, 233 U. S. *914 195 , 34 Sup. Ct. 517, 58 L. Ed. 912 , Ann. Cas. 1914C, 1282), complainant, a public service corporation, has been operating and maintaining its poles, wires, conduits, and other instrumentalities in the streets and public places of the city of Eos Angeles for the purpose of supplying and furnishing electrical energy to said city and to the inhabitants thereof for. illuminating and other purposes.

Complainant is now serving electrical energy to approximately 40,-000 consumers in such city, and the value of its property dedicated and engaged in such public service aggregates several millions of dollars. Its poles, wires, and other instrumentalities have been installed in and upon the streets and other public places in said city under the direction of- the board of public works thereof, the department of the city government having charge of streets and thoroughfares.

The defendant city of Eos Angeles, being authorized so to do under the laws of the state,, is now, and for some months past has been,…