Montgomery L. & W. P. Co. v. Watts
Supreme Court of Alabama
Mandamus. Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Mandamus by H. K. Watts against the Montgomery L. & W. P. Co., to compel it to furnish gas in accordance with the rates fixed by the municipal contract franchise ordinance.
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Mandamus. Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Mandamus by H. K. Watts against the Montgomery L. & W. P. Co., to compel it to furnish gas in accordance with the rates fixed by the municipal contract franchise ordinance. From a judgment awarding mandamus, defendant appeals. — The regula.tion of respondent was not a meter rental particularly, but a minimum charge, and although the franchise may require it to furnish gas at a certain price per cubic foot, it will not-be required to install a meter and be. ready to serve an inhabitant who merely.wants it for…
1Opinion of the CourtSimpson, J.
— This is an appeal from the action of the court on a petition for mandamus to compel the appellant to- furnish gias in accordance with certain rates fixed by the ordinance of the city of Montgomery granting the franchise on the conditions therein named. Section 4 of the ordinance, which was accepted by the appellant, provided that said company should “at all times supply the inhabitants of the city with gas for lighting and heating purposes” at prices not ex*372ceeding $1.62 per 1,000 cubic feet for lighting purposes, and $1.08 per 1,000 cubic feet for heating and other purposes. There is no…
2Cases cited2 opinions
- Louisville Gas Co. v. Dulaney & AlexanderCourt of Appeals of Kentucky · 1897
- Fleming v. Montgomery Light Co.Supreme Court of Alabama · 1892
3Cited by8 opinions
- State ex rel. Weatherly v. Birmingham Water Works Co.Supreme Court of Alabama · 1913
- City of Tipton v. Tipton Light & Heating Co.Supreme Court of Iowa · 1916
- Iowa Railway & Light Co. v. Jones Auto Co.Supreme Court of Iowa · 1917
- City of Montgomery v. SmithSupreme Court of Alabama · 1921
- City of Montgomery v. McDadeSupreme Court of Alabama · 1913
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