Shelley v. Westchester Lighting Co.

This action is brought under chapter 566, Laws 1890, to recover $1,510 penalties, for a period of 300 days, for the defendant’s alleged refusal to supply the plaintiff with gas.

The defendant demurs to the complaint on the ground that it fails to state facts sufficient to constitute a cause of action.

The complaint alleges that an application was made by the plaintiff “ in writing in .a form as required by defendant.” In the next paragraph the complaint alleges that “ said defendant waived written application as required by said statute,” and that thereafter the defendant put in a gas meter and…