Barriger v. Louisville Gas & Electric Co.

Opinion op the Court by

Judge Clarke —

Affirming-on both appeal and cross appeal.

Appellee owns and operates-the gas and electric light plants in Louisville, under a franchise granted by city ordinance on March 29th, 1913, and has a monopoly of the business. Appellant and many others, but not nearly all citizens, were required by the company to make deposits ranging in amounts from $5.00 to $100.00 before gas or electricity would be furnished them.

Appellant instituted this action to recover the $5.00 deposit required of him, and to enjoin the company from refusing to serve him without such…