Savannah Electric & Power Co. v. Planters Electric Membership Corp.
Savannah Electric & Power Co. v. Planters Electric Membership Corp.
Opinion of the Court
The exception here is to a judgment sustaining a general demurrer to a petition which Savannah Electric & Power Company filed against Planters Electric Membership Corporation, in which it sought to enjoin the defendant from furnishing electric current to a named person who was erecting a new home in a rural area, a person who was not receiving such service from any source but who had applied to the defendant therefor and the defendant was preparing to furnish him with such service, though the home he was erecting was located in a rural area in which the plaintiff was then supplying electric energy to residents thereof. The petition in substance alleges that a corporation organized under the Electric Membership Corporation Act of 1937 (Ga. L. 1937, p. 644) as subsequently amended in 1939 and 1960 (Ga. L. 1939, p. 312; Ga. L. 1960, p. 5), cannot be granted corporate authority to supply electric service to any person residing in a rural area which is receiving such service from an electric corporation subject to the jurisdiction of the Georgia Public Service Commission or from any municipal corporation. No contention is here made that the person who has applied to the defendant for electric service is not a resident of a rural area as the term “rural area” is defined by the act of 1937 and the amending act of 1960. The sole question presented for decision is whether or not the defendant has corporate au
Judgment affirmed.
Dissenting Opinion
dissenting. The beneficent result anticipated from the enactment of the Federal “Rural Electrification Act” of 1936 (7 U.S.C.A. § 902), and the act of the General Assembly of Georgia of 1937 (Ga. L. 1937, p. 644) as amended, is not advanced by the opinion and judgment of the court in the present case.
Paragraph 2 of the petition alleges in part that the Planters Electric Membership Corporation “on or about December 12, 1961, in contravention of the limitations imposed upon it by the Electric Membership Corporation Act of 1937 as revised, be
The defendant’s demurrer, sustained by the trial judge, recites: “That the allegation in the petition as amended does not set out a cause of action against this defendant because under the Electric Membership Corporation Act of 1937, as revised, it does not prohibit the serving by the defendant of anyone in a rural area, who is now being served by a corporation regulated by the Public Service Commission of the State of Georgia.”
As I construe the opinion of the court in the present case, it rests solely on the fact that the person constructing a new home in a rural area and seeking service from the defendant membership corporation was not then receiving electrical service or energy from a company under the jurisdiction of the Georgia Public Service Commission.
Paragraph 1 of section 3 of the act of 1937 provides where and to whom electrical service by electric membership corporations can be furnished, and reads as follows: “The furnishing of electric energy to persons in rural areas who are not receiving electric service from any corporation subject to the jurisdiction of the Georgia Public Service Commission, or from any municipal corporation.” (Italics supplied.)
The writer recognizes the general rule that the plural will include the singular. Code § 102-102 (4). Therefore one person in a rural area served by an electric membership corporation would be entitled to make application and procure energy from such corporation. As applicable in this State, both the Federal act
Reference
- Full Case Name
- Savannah Electric & Power Company v. Planters Electric Membership Corporation
- Cited By
- 1 case
- Status
- Published