Mackin v. Portland Gas Co.
Oregon Supreme Court
From Multnomah; Alfred F. Sears, Jr., Judge. Mandamus by Sam Mackin against the Portland Gas Company to compel the defendant company to supply the plaintiff with gas at his place of business, No, 107 Fourth Street, in the City of Portland.
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From Multnomah; Alfred F. Sears, Jr., Judge. Mandamus by Sam Mackin against the Portland Gas Company to compel the defendant company to supply the plaintiff with gas at his place of business, No, 107 Fourth Street, in the City of Portland. The alternative writ alleges, in substance, that the defendant is a corporation organized for the purpose of, and is now engaged in, supplying- gas to the City of Portland and its inhabitants, and, under a franchise from the city, has mains laid in the streets for such purpose; that on September 27, 1899, the plaintiff, who was engaged in the business of…
1Opinion of the CourtJustice Bean
The only question on this appeal is whether the court below erred in sustaining the demurrer to defendant’s answer, and ordering a peremptory writ. Briefly, the facts are that in March, 1897, the plaintiff purchased gas of the defendant for use at No. 284 Morrison Street, under a contract which provided that, in default of the regular payment of a bill, *125the company would discontinue the supply until payment should be made. Some time in that month he quit using the gas, and left, as the defendant alleges, an unpaid bill of $5.25. Thereafter, and in September, 1899, he again applied to’ the…
2Cases cited14 opinions
- American Water-Works Co. v. State ex rel. WalkerNebraska Supreme Court · 1895
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1858
- Haugen v. Albina Light & Water Co.Oregon Supreme Court · 1891
- State ex rel. Webster v. Nebraska Telephone Co.Nebraska Supreme Court · 1885
- Wood v. City of AuburnSupreme Judicial Court of Maine · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gallagher v. Equitable Gas Light Co.California Supreme Court · 1904
- State ex rel. Latshaw v. Board of Water & Light CommissionersSupreme Court of Minnesota · 1908
- State v. KayOregon Supreme Court · 1915
- State ex rel. Deeney v. Butte Electric & Power Co.Montana Supreme Court · 1911
- State ex rel. Rudd v. RingoldOregon Supreme Court · 1921
8 more not listed; retrieve them via the Exa API.