Flemming v. Taylor Fuel, Light & Power Co.

The opinion of the court was delivered by

Benson, J.:

This appeal was taken by the Natural Gas Company from a judgment against it for an injunction.

On November 22, 1904, an ordinance was adopted by Gas, a city of the second class, granting to the Taylor Fuel, Light & Power Company the right for twenty yeai's to furnish natural gas to its inhabitants .and to the use of its streets for that purpose. Among other conditions a rate of fifteen cents per thousand cubic feet of gas was allowed. The Taylor company accepted the terms of the ordinance and established its gas plant and furnished gas to…