Kuhlman Plastics Co. v. Kansas City Power & Light Co.

BARRETT, Commissioner.

This is an action by Kuhlman Plastics Company against Kansas City Power & Light Company to recover $150,000 damages for wrongful refusal to restore electric service on demand on October 15, 1964. On its face plaintiff’s petition states a cause of action in tort for breach of duty to restore service (43 Am.Jur. (Public *410Utilities and Services) § 31, p. 593; Elly-son v. Missouri Power & Light Co., Mo. App., 59 S.W.2d 714) but in response to the petition the power and light company filed a motion for summary judgment, attaching to the motion three affidavits, the plaintiff’s…