City of Middlesboro v. Kentucky Utilities Co.

Opinion by

Judge Dietzman

Dissolving injunction in part and modifying in part.

This action is before me on motion to dissolve a temporary injunction granted by the lower court. The facts of this case are these:

The defendant, hereinafter called the company, has furnished electric service for more than 20 years, and water service for more than 15 years, to the plaintiff, hereinafter called the city, and its inhabitants. For more than 10 years prior to January, 1931, it has been the custom of the city to pay for the services furnished it in lighting its streets and municipal buildings and in…