Iowa Railway & Light Co. v. Jones Auto Co.
Supreme Court of Iowa
Appeal from Dallas Distriot Court. — W. H. Fahey, Judge. Action to recover for heat furnished. Defendant admitted amount of heat radiation furnished, but alleged that the price was excessive, and, by way of counterclaim, sought to recover previous alleged overcharges, and also amount paid for electric meter rentals. A demurrer to that portion of the counterclaim praying to recover meter rentals was sustained.
Read the full summary
Appeal from Dallas Distriot Court. — W. H. Fahey, Judge. Action to recover for heat furnished. Defendant admitted amount of heat radiation furnished, but alleged that the price was excessive, and, by way of counterclaim, sought to recover previous alleged overcharges, and also amount paid for electric meter rentals. A demurrer to that portion of the counterclaim praying to recover meter rentals was sustained. A motion to strike an ordinance of the city of Perry, increasing the rate for heat f adiation, and the portion of the reply setting up same as justification for the charges made, ivas…
1Opinion of the CourtLadd, J.
But two questions are presented: (1) Whether plaintiff may. exact from its patrons rentals for meters measuring the electric current furnished for lighting or other purposes; and (2) whether, after the granting of a heating franchise fixing the price per foot of radiation, such price may be raised by the city council. These may be considered in this order.
1. Municipat CORPORATIONS : public utilities maximum rate: meter rental. I. The plaintiff is the assignee of the Perry Electric Light, Heat' & Power Company, to which, about March 27, 1911, the city of Perry granted a franchise “to furnish,…
2Cases cited11 opinions
- Stanislaus County v. San Joaquin & King's River Canal & Irrigation Co.Supreme Court of the United States · 1904
- Sioux City Street Railway Co. v. Sioux CitySupreme Court of the United States · 1891
- Merchants' Union Barb Wire Co. v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1886
- Urbany v. City of CarrollSupreme Court of Iowa · 1916
- Iowa Telephone Co. v. City of KeokukDistrict Court, S.D. Iowa · 1915
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Southern Iowa Electric Co. v. City of CharitonSupreme Court of the United States · 1921
- Iowa-Nebraska Light & Power Co. v. City of VilliscaSupreme Court of Iowa · 1935
- Wapsie Power & Light Co. v. City of TiptonSupreme Court of Iowa · 1923
- Wall v. Bankers Life Co.Supreme Court of Iowa · 1929
- Parsons v. City of GalvestonTexas Supreme Court · 1935
8 more not listed; retrieve them via the Exa API.