Commerce Insurance Co. v. Merrill Gas Co.

It is the position of the appellant, Merrill Gas Company, that its motions for summary judgment in the several cases should have been granted for the reason that the franchise ordinance is controlling as to the respective rights and duties of the parties, and that under the provisions of said ordinance, the Gas Company had no duty to maintain the gas apparatus inside the curb line, because it was installed by the customer, at his expense, upon his property, and that he was the owner of it and had the sole duty of maintaining it in repair. The Gas Company also submits that its only duty in…