Sweetheart Lake, Inc. v. Carolina Power & Light Co.
| Decision Date | 24 February 1937 |
| Docket Number | 593. |
| Citation | 189 S.E. 785,211 N.C. 269 |
| Parties | SWEETHEART LAKE, Inc., et al. v. CAROLINA POWER & LIGHT CO. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Moore County; J. W. Pless, Jr., Judge.
Action by Sweetheart Lake, Incorporated, and others against the Carolina Power & Light Company. From an adverse judgment, the plaintiffs appeal.
Reversed.
This is an action to recover damages which were sustained by the plaintiffs and which resulted from the wrongful refusal of the defendant, a public service corporation, organized under the laws of this state, and engaged in the business of generating, distributing, and selling electricity for commercial and domestic use, as a public utility, to furnish to the plaintiffs on their property in Moore county, N.C electricity for commercial and domestic use, in accordance with the request of the plaintiffs.
The action was begun in the superior court of Moore county on October 30, 1935, and was heard at May term, 1936, of said court.
After a jury had been impaneled and the pleadings read, the defendant demurred "to the jurisdiction of the Court for that as a prerequisite to its cause of action, the plaintiffs were required to establish their right to service from the defendant before the State Utilities Commission, and that not having done so, this Court is without original jurisdiction in the matter."
The facts as shown by admissions in the pleadings and at the trial are as follows:
(1). The plaintiffs own certain properties, real and personal located in Moore county, N.C., about four miles from the main transmission lines of the defendant. The said properties were designed for use and were used by the plaintiffs, prior to May 1, 1931, as a resort for the public. Such use required electricity, for both power and lighting.
(2). From about July 10, 1924, to about May 1, 1931, the defendant furnished to the plaintiffs on their said property electricity for both power and lights, using for this purpose a line which extended from its main transmission lines to said property, a distance of about four miles. Meters were installed by the defendant at the end of said line on the properties of the plaintiffs, and from time to time the defendant made necessary repairs to said line at its own expense.
(4). On or about May 1, 1931, the defendant suspended its service to the plaintiffs because of the failure of the plaintiffs to pay service charges due to the defendant at that date. While such service was suspended, the defendant notified the plaintiffs that it would not renew such service to the plaintiffs, unless and until the plaintiffs at their own expense made certain repairs to the line extending from its main transmission lines to the properties of the plaintiffs. Thereafter, on or about November 1, 1931, the plaintiffs paid to the defendant all sums due the defendant for service rendered to the plaintiffs by the defendant prior to May 1 1931, and requested the defendant to renew said service over said line. The defendant refused to renew such service unless and until the plaintiffs at their own expense made necessary repairs to the line extending from its main transmission lines to the property of the plaintiffs.
(5). The plaintiffs by petition instituted a proceeding before the North Carolina Corporation Commission for an order requiring the defendant to renew its service to the plaintiffs. The...
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