San Jose Gas Co. v. January

Myrick, J.:

The appeal in this case was taken from an order dissolving a temporary injunction, and from a judgment dismissing plaintiff’s complaint, the demurrer of defendant to plaintiff’s complaint having been sustained, and judgment rendered upon plaintiff declining to answer. The case is, therefore, to be considered as the same is presented by plaintiff in its complaint, which, in brief, is this:

Plaintiff is, and was on the 10th of March, 1880, a corporation engaged in the manufacture and selling of gas to the city and inhabitants of San José, and to the town of Santa Clara, and adjacent…