Legal Opinion

Williams v. Mutual Gas Co.

Michigan Supreme Court

Decided January 15, 1884PublishedCited by 28 opinions

Action in damages for withholding gas from the Biddle House, a hotel in Detroit, of which plaintiff is proprietor. The company demanded that plaintiff should keep on deposit with it the sum of one hundred dollars. Plaintiff declined to deposit that sum, and tendered seventy-five dollars, which was refused, and the gas was cut off. The hotel used about sixty dollars worth of gas per week, and its requirements were increasing.

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Action in damages for withholding gas from the Biddle House, a hotel in Detroit, of which plaintiff is proprietor. The company demanded that plaintiff should keep on deposit with it the sum of one hundred dollars. Plaintiff declined to deposit that sum, and tendered seventy-five dollars, which was refused, and the gas was cut off. The hotel used about sixty dollars worth of gas per week, and its requirements were increasing. The damages are for alleged injury to the business, suffered in consequence of the refusal to supply gas. Defendant had judgment, and plaintiff assigned error.

1Opinion of the Court

Sherwood, J.,

in delivering the opinion of the Court, said : This corporation is authorized and permitted to do business in Detroit only upon the ground of public convenience, and that *710benefits may accrue to its citizens. It is true, that neither by the charter of the company, its articles of association, or the by-laws of the city, authorizing its existence there, has it the . exclusive right to manufacture and sell gas. It is, however, within the experience of us all, and I may say, I think, with great propriety, within the judicial knowledge of the Courts, that the manufacture and supply of…

2Cited by28 opinions

  1. Coy v. Indianapolis Gas Co.Indiana Supreme Court · 1897
  2. Turner v. Revere Water Co.Massachusetts Supreme Judicial Court · 1898
  3. City of Rushville v. Rushville Natural Gas Co.Indiana Supreme Court · 1891
  4. Weld v. Board of Gas & Electric Light CommissionersMassachusetts Supreme Judicial Court · 1908
  5. Cedar Rapids Gas Light Co. v. City of Cedar RapidsSupreme Court of Iowa · 1909

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