City of Lead v. Western Gas & Fuel Co.
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. Jambs McNbnny, Judge. Action by the City of Lead, a Municipal Corporation, the City of Deadwood, a Municipal Corporation, William E. Adams and E. A. Steinback, residents and gas consumers in said cities respectively, against the Western Gas & Fuel Company, a corporation, to restrain defendant from ceasing the operation of its gas plant.
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Appeal from Circuit Court, Lawrence County. Hon. Jambs McNbnny, Judge. Action by the City of Lead, a Municipal Corporation, the City of Deadwood, a Municipal Corporation, William E. Adams and E. A. Steinback, residents and gas consumers in said cities respectively, against the Western Gas & Fuel Company, a corporation, to restrain defendant from ceasing the operation of its gas plant. From an order refusing to vacate an order appointing a temporary receiver to operate defendant’s gas plant, defendant appeals. Appellant cited, re appointment of received pendente lite: 34 Cyc. 35; Louisville v.…
1Opinion of the CourtGates, J.
The cities of Lead and Deadwood have been furnished gas by the defendant and its predecessors under franchise ordinances passed by those cities, the one a 20-year franchise from July, 1910; the other a 50-year franchise from January, 1914. In each ordinance the maximum rate of $1.60 per thous- and was fixed, or $1.50 per thousand if paid within a certain time. In the spring of 1918 a temporary maximum rate of $1.95 per thousand feet, or $1.85 per thousand if paid within a certain time, was authorized by city ordinances to continue 18 months after the close of the World War and the…
2Cases cited3 opinions
- City of Scranton v. Public Service CommissionSupreme Court of Pennsylvania · 1920
- City of Mitchell v. Board of Railroad CommissionersSouth Dakota Supreme Court · 1921
- City of Watertown v. Watertown Light & Power Co.South Dakota Supreme Court · 1919
3Cited by3 opinions
- Matter of Certain Territorial Elec. Boundaries, Etc.South Dakota Supreme Court · 1979
- City of Mitchell v. Board of Railroad CommissionersSouth Dakota Supreme Court · 1921
- Northern Electric Cooperative, Inc. v. Northwestern Public Service Co.South Dakota Supreme Court · 1979