Peoria Gas & Electric Co. v. Peoria
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was a bill filed in the Circuit Courtrof the United States for the Northern District of Illinois by the Peoria Gas and Electric Company to restrain the enforcement of an ordinance passed by the defendant, fixing the price of gas. A decree was entered in the Circuit Court dismissing the bill, and the case was brought directly here, as involving a constitutional question.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was a bill filed in the Circuit Courtrof the United States for the Northern District of Illinois by the Peoria Gas and Electric Company to restrain the enforcement of an ordinance passed by the defendant, fixing the price of gas. A decree was entered in the Circuit Court dismissing the bill, and the case was brought directly here, as involving a constitutional question. The facts are these: Prior to 1899 for a, period of many years, the Peoria Gaslight and Coke Coriipany had manufactured and…
1Opinion of the CourtJustice Brewer
This case was tried on one theory and decided on another. While that does not always and necessarily constitute error, yet, under the circumstances, as disclosed by’the record, we are of opinion that injustice has probably resulted and that there should be a reversal of the decree and a further examination in the Circuit Court. As stated in the findings of the commissioner, the bill proceeds upon the theory that the ordinance of September 4, 1900, impaired the rights of contract theretofore existing between the parties, that its enforcement would constitute the talcing of private property for…
2Cited by3 opinions
- Ellis v. ReedCourt of Appeals for the Ninth Circuit · 1919
- Reed v. ThompsonDistrict Court, D. Alaska · 1917
- W. M. Carter Planing Mill Co. v. New Orleans M. & C. R.Mississippi Supreme Court · 1916