Glenwood Light & Water Co. v. Mutual Light Co., 239 U.S. 121 (1915)

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Glenwood Light & Water Company v.

Mutual Light, Heat & Power Company
No. 38

Submitted October 29, 1915
Decided November 15, 1915
239 U.S. 121

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF COLORADO

Syllabus

The jurisdictional amount involved in suits for injunction to restrain nuisance or a continuing trespass is to be tested by the value of the object to be gained by complainant.

The amount involved in a suit brought by a telephone company to restrain another company from so erecting poles and wires as to injure complainant’s poles, wires, and business held, in this case, not to be the expense of defendant’s removing its conflicting poles and wires, but the value of the right of complainant to maintain and operate its plant and conduct its business free from wrongful interference by defendant.

Complainant’s right to conduct its business free from the acts of defendant sought to be enjoined having an uncontroverted value of $3,000, held that the district court had jurisdiction under Judicial Code, § 24, so far as jurisdictional amount in controversy is concerned.

The facts, which involve the jurisdiction of the district court under Judicial Code, § 24, and the determination of the amount in controversy in a case for injunction, are stated in the opinion.