Legal Opinion

Kolster v. American Gas Co.

Supreme Court of Kansas

Decided January 10, 1920No. 22,396PublishedCited by 14 opinions

Appeal from Cherokee district court; Frank W. Boss, judge.

1Opinion of the Court

The opinion of the court was delivered by

Dawson, J.:

The plaintiffs brought mandamus to compel the defendant to supply plaintiffs with gas at their city residence in Galena. The defendant raised two defenses in its answer and return to the alternative writ — (1) that the matter was one which should have been presented in the first instance to the public utilities commission; and (2) that the gas pipes in the plaintiffs’ residence were defective and leaking *85and that it would be dangerous to turn on the gas and might subject the defendant to liability. The defendant avowed its readiness to…

2Cases cited5 opinions

  1. Atchison, Topeka & Santa Fe Rld. v. Comm'rs of Jefferson Co.Supreme Court of Kansas · 1873
  2. State ex rel. Wells v. MarstonSupreme Court of Kansas · 1870
  3. State ex rel. Mitchell v. StevensSupreme Court of Kansas · 1880
  4. State ex rel. McBride v. Board of CommissionersSupreme Court of Kansas · 1881
  5. Golden v. ElliottSupreme Court of Kansas · 1874

3Cited by14 opinions

  1. Board of Education v. PowersSupreme Court of Kansas · 1935
  2. Citizens Utilities Co. v. City of GoodlandSupreme Court of Kansas · 1937
  3. State ex rel. Tarr v. St. Louis - San Francisco Railway Co.Supreme Court of Kansas · 1927
  4. Barnwell v. HansonCourt of Appeals of Georgia · 1950
  5. City of Iola v. HobartSupreme Court of Kansas · 1935

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