State ex rel. Klapp v. Dayton Power & Light Co.

The determinative question for decision is whether the city of Piqua has the right to terminate the use of its streets, alleys, etc., by The Dayton Power & Light Company in furnishing electric energy to persons, firms and corporations located within the corporate limits of the municipality without submitting the matter to the Public Utilities Commission in compliance with the provisions of Sections 502-2 and 504-3, General Code, commonly known as the Miller Act. Those sections, without substantial change, are now Sections 4905.20 and 4905.21, respectively, Bevised Code.

Section 4905.20 reads:

“N…