Boerth v. Detroit City Gas Co.
Michigan Supreme Court
Appeal from Wayne; Brooke, J. Bill by Henry J. Boerth against the Detroit City Gas Company to enjoin an unlawful discrimination in rates. From a decree dismissing the bill, complainant appeals. Complainant keeps a restaurant in the city of Detroit. In the month of October, 1901, he used for fuel purposes in said restaurant gas supplied by defendant to-the amount of 113,700 cubic feet.
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Appeal from Wayne; Brooke, J. Bill by Henry J. Boerth against the Detroit City Gas Company to enjoin an unlawful discrimination in rates. From a decree dismissing the bill, complainant appeals. Complainant keeps a restaurant in the city of Detroit. In the month of October, 1901, he used for fuel purposes in said restaurant gas supplied by defendant to-the amount of 113,700 cubic feet. Defendant presented a bill charging complainant for said gas at the rate of 80 cents per thousand cubic feet. Complainant tendered compensation at the rate of 60 cents per thousand cubic feet. This tender…
1Opinion of the CourtCarpenter, J.
(after stating the facts). Did the city of Detroit have authority to grant defendant the right to charge 80 cents per thousand cubic feet for fuel gas delivered to consumers within said city ? The charter of the city of Detroit confers upon it this power:
“To control, prescribe and regulate the manner in which the highways, streets, avenues, lanes, alleys and public grounds and spaces within said city shall be used and enjoyed. * * * To provide for and regulate the lighting of said avenues, streets and public places.” Detroit Charter (1904), chap. 7, § 34.
The act for the organization of gas…
2Cases cited19 opinions
- Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
- Interstate Commerce Commission v. Cincinnati, New Orleans & Texas Pacific Railway Co.Supreme Court of the United States · 1897
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Georgia Railroad & Banking Co. v. SmithSupreme Court of the United States · 1888
- City of Cleveland v. Cleveland City Railway Co.Supreme Court of the United States · 1904
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- City of Detroit v. Michigan Public Utilities CommissionMichigan Supreme Court · 1939
- State ex rel. City of Billings v. Billings Gas Co.Montana Supreme Court · 1918
- Kousal v. Texas Power & Light Co.Texas Supreme Court · 1944
- Lenawee County Gas & Electric Co. v. City of AdrianMichigan Supreme Court · 1920
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