B. P. W. Plastics Corp. v. Massachusetts Electric Co.

This is an appeal from a judgment entered in a Probate Court restraining the defendant electric company from terminating the plaintiff’s electrical service “until there has been a determination of the amount owed by the plaintiff to the defendant” in a pending Superior Court proceeding. Relying on the language in Cambridge Elec. Light Co. v. Department of Pub. Util., 363 Mass. 474, 496 (1973), the plaintiff argued, and the probate judge agreed, that there is a dispute over the amount owed and thus that the bill is not “due” for purposes of termination. The defendant contends on appeal that…