State ex rel. Hopkins v. Citizens Light, Heat & Power Co.

The opinion of the court was delivered by

Johnston, C. J.;

These proceedings are so closely related that they may be considered together. Both relate to the imposition of a service charge by the defendant upon its customers in the city of Lawrence in addition to the collection of an established rate for gas furnished.

The first is a motion to modify and correct the judgment rendered by this court in an original proceeding brought in the name of the state against the defendant to compel it to desist from collecting the added service charge. The result in that case depended upon whether the…