Smith v. Capital Gas Co.

SMITH,C.

—The suit was brought to recover of the defendant liquidated damages,—amounting to thirteen hundred dollars,— alleged to be due under the provisions of section 629 of the Civil Code, for refusal to furnish gas to the plaintiff. The judgment was for the defendant, and the plaintiff appeals. The provision of -the code in question is, that, “upon the application, in writing, of the owner or occupant of any building or premises distant not more than one hundred feet from any main of the corporation, . . . the corporation must supply gas as required for such building or premises,” etc.;…