Ash v. Gibson

*757The opinion of the court was delivered by

Smith, J.:

This case is here on rehearing. (See Ash v. Gibson, 145 Kan. 825, 67 P. 2d 1101.)

The facts are that the city of Ottawa enacted an ordinance providing that no truck should be driven through its streets carrying gasoline with a load in excess of 600 gallons. A company engaged in the business of transporting gasoline brought this action to enjoin the enforcement of the ordinance on the ground that the city did not have authority to enact it. The trial court held in favor of the plaintiff and enjoined the enforcement of the ordinance. The…