Collins v. Miami County Gas Co.

The opinion of the court was delivered by

Marshall, J.:

In this action the plaintiff sought, by mandamus, to compelí the Miami County Gas Company to furnish *736natural gas to the plaintiff at his residence in Paola, and sought to compel the city; of Paola and its mayor and councilmen to exercise the right of governmental control over the gas company and require it to furnish gas to the plaintiff according to the terms of the franchise under which the gas company operated in that city. Judgment was rendered in favor of the defendants, the city, and the mayor and councilmen; and in favor of the…