Board of Education, Somerset v. Ky. Utilities Co.

Opinion op the Court by

Commissioner Stanley—

Affirming.

The franchise owned by appellee, Kentucky Utilities Company, for the operation of the water works system in Somerset, expired September 11, 1925. The appellant, board of education of the city of Somerset, filed this suit against the company to recover $1,327.53 paid under protest for water service. The petition alleged that the company’s franchise provided that the schoolhouses and other public buildings of the city should be supplied with water service without charge; and that, pursuant to mutual consent and agreement between the…